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        PRIOR PRINTER'S NO. 2073                      PRINTER'S NO. 4001

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1620 Session of 2007


        INTRODUCED BY M. O'BRIEN, McGEEHAN, J. TAYLOR, WALKO, CLYMER,
           DePASQUALE, JAMES, KIRKLAND, MAHONEY, PARKER, WHEATLEY,
           JOSEPHS, TANGRETTI, HENNESSEY, THOMAS AND SWANGER,
           JUNE 25, 2007

        AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 18, 2008

                                     AN ACT

     1  Amending the act of December 20, 2000 (P.L.949, No.130),
     2     entitled "An act establishing Neighborhood Improvement
     3     Districts; conferring powers and duties on municipal
     4     corporations and neighborhood improvement districts;
     5     providing for annual audits; and making repeals," further
     6     providing for creation of neighborhood improvement district
     7     management associations; ESTABLISHING CASINO NEIGHBORHOOD      <--
     8     IMPROVEMENT DISTRICTS AND CASINO NEIGHBORHOOD IMPROVEMENT
     9     DISTRICT MANAGEMENT ASSOCIATIONS; CONFERRING POWERS AND
    10     DUTIES ON MUNICIPAL CORPORATIONS AND CASINO NEIGHBORHOOD
    11     IMPROVEMENT DISTRICTS; IMPOSING A SPECIAL PROPERTY ASSESSMENT
    12     FEE; PROVIDING FOR TOURISM AND MARKETING AND FOR ANNUAL
    13     AUDITS; AND MAKING REPEALS.

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  Section 6(d) of the act of December 20, 2000       <--
    17  (P.L.949, No.130), known as the Neighborhood Improvement
    18  District Act, is amended to read:
    19  Section 6.  Creation of neighborhood improvement district
    20                 management association.
    21     * * *
    22     SECTION 1.  THE TITLE OF THE ACT OF DECEMBER 20, 2000          <--

     1  (P.L.949, NO.130), KNOWN AS THE NEIGHBORHOOD IMPROVEMENT
     2  DISTRICT ACT, IS AMENDED TO READ:
     3                               AN ACT
     4  ESTABLISHING NEIGHBORHOOD IMPROVEMENT DISTRICTS; CONFERRING
     5     POWERS AND DUTIES ON MUNICIPAL CORPORATIONS AND NEIGHBORHOOD
     6     IMPROVEMENT DISTRICTS; ESTABLISHING CASINO NEIGHBORHOOD
     7     IMPROVEMENT DISTRICTS AND CASINO NEIGHBORHOOD IMPROVEMENT
     8     DISTRICT MANAGEMENT ASSOCIATIONS; CONFERRING POWERS AND
     9     DUTIES ON MUNICIPAL CORPORATIONS AND CASINO NEIGHBORHOOD
    10     IMPROVEMENT DISTRICTS; IMPOSING A SPECIAL PROPERTY ASSESSMENT
    11     FEE; AND PROVIDING FOR TOURISM AND MARKETING AND FOR ANNUAL
    12     AUDITS[; AND MAKING REPEALS].
    13     SECTION 2.  THE ACT IS AMENDED BY ADDING A CHAPTER HEADING TO
    14  READ:
    15                             CHAPTER 1
    16                       PRELIMINARY PROVISIONS
    17     SECTION 3.  SECTION 1 OF THE ACT IS AMENDED TO READ:
    18  SECTION [1] 101.  SHORT TITLE.
    19     THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE NEIGHBORHOOD
    20  IMPROVEMENT DISTRICT ACT.
    21     SECTION 4.  THE ACT IS AMENDED BY ADDING A CHAPTER HEADING TO
    22  READ:
    23                             CHAPTER 3
    24                 NEIGHBORHOOD IMPROVEMENT DISTRICTS
    25     SECTION 5.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
    26  SECTION 301.  SCOPE OF CHAPTER.
    27     THIS CHAPTER RELATES TO THE NEIGHBORHOOD IMPROVEMENT
    28  DISTRICTS.
    29     SECTION 6.  SECTIONS 2, 3, 4, 5, 6, 7, 8, 9 AND 10 OF THE ACT
    30  ARE AMENDED TO READ:
    20070H1620B4001                  - 2 -     

     1  SECTION [2] 302.  LEGISLATIVE FINDINGS.
     2     THE GENERAL ASSEMBLY FINDS THAT:
     3         (1)  EXISTING TAX RATES IN MANY MUNICIPALITIES ARE AT OR
     4     NEAR THEIR STATUTORY CAP.
     5         (2)  THE GENERAL FUND REVENUE DERIVED FROM THESE TAXES
     6     MANY TIMES IS NOT SUFFICIENT TO PROVIDE ADEQUATE MUNICIPAL
     7     SERVICES OR ADDITIONAL SERVICES NEEDED IN SPECIFIC GEOGRAPHIC
     8     AREAS WITHIN THE MUNICIPALITY, INCLUDING, BUT NOT LIMITED TO,
     9     DOWNTOWN COMMERCIAL DISTRICTS.
    10         (3)  AS A RESULT, MUNICIPALITIES SHOULD BE ENCOURAGED TO
    11     CREATE, WHERE FEASIBLE AND DESIRED, ASSESSMENT-BASED
    12     NEIGHBORHOOD IMPROVEMENT DISTRICTS WHICH WOULD INCLUDE, BUT
    13     NOT BE LIMITED TO, DOWNTOWN COMMERCIAL DISTRICTS. DESIGNATED
    14     DISTRICT MANAGEMENT ASSOCIATIONS WOULD INITIATE AND
    15     ADMINISTER PROGRAMS TO PROMOTE AND ENHANCE MORE ATTRACTIVE
    16     AND SAFER COMMERCIAL, INDUSTRIAL, RESIDENTIAL AND MIXED-USE
    17     NEIGHBORHOODS; ECONOMIC GROWTH; INCREASED EMPLOYMENT
    18     OPPORTUNITIES; AND IMPROVED COMMERCIAL, INDUSTRIAL, BUSINESS
    19     DISTRICTS AND BUSINESS CLIMATES.
    20         (4)  MUNICIPALITIES SHOULD BE GIVEN THE BROADEST POSSIBLE
    21     DISCRETION IN ESTABLISHING BY LOCAL ORDINANCE THE TYPE OF
    22     ASSESSMENT-BASED PROGRAMS MOST CONSISTENT WITH NEIGHBORHOOD
    23     NEEDS, GOALS AND OBJECTIVES AS DETERMINED AND EXPRESSED BY
    24     PROPERTY OWNERS IN THE DESIGNATED DISTRICT.
    25  SECTION [3] 303.  DEFINITIONS.
    26     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS [ACT]
    27  CHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION
    28  UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
    29     "AUTHORITY."  A BODY POLITIC AND CORPORATE, CREATED PURSUANT
    30  TO THE ACT OF MAY 2, 1945 (P.L.382, NO.164), KNOWN AS THE
    20070H1620B4001                  - 3 -     

     1  MUNICIPALITY AUTHORITIES ACT OF 1945.
     2     "BENEFITED PROPERTY."  THOSE PROPERTIES LOCATED WITHIN A
     3  NEIGHBORHOOD IMPROVEMENT DISTRICT WHICH PROFIT FROM DISTRICT
     4  IMPROVEMENTS BASED ON A RATIONAL NEXUS TEST. PROPERTIES NEED NOT
     5  PROFIT EQUALLY TO BE CONSIDERED TO HAVE BENEFITED.
     6     "BONDS."  THE TERM SHALL INCLUDE THE NOTES, BONDS AND OTHER
     7  EVIDENCE OF INDEBTEDNESS OR OBLIGATIONS WHICH EACH MUNICIPAL
     8  CORPORATION IS AUTHORIZED TO ISSUE UNDER SECTION [4(7)] 304(7).
     9     "BUSINESS IMPROVEMENT."  IN THE CASE OF NEIGHBORHOOD
    10  IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATIONS CREATED FOR THE
    11  PURPOSE OF MAKING IMPROVEMENTS OR PROVIDING ADMINISTRATIVE
    12  SERVICES WITHIN A NEIGHBORHOOD IMPROVEMENT DISTRICT, THE TERM
    13  SHALL MEAN THOSE IMPROVEMENTS NEEDED IN SPECIFIC AREAS OR TO
    14  INDIVIDUAL PROPERTIES, INCLUDING, BUT NOT LIMITED TO, SIDEWALKS,
    15  RETAINING WALLS, STREET PAVING, PARKS, RECREATIONAL EQUIPMENT
    16  AND FACILITIES, OPEN SPACE, STREET LIGHTING, PARKING LOTS,
    17  PARKING GARAGES, TREES AND SHRUBBERY, PEDESTRIAN WALKS, SEWERS,
    18  WATER LINES, REST AREAS AND THE ACQUISITION AND REHABILITATION
    19  OR DEMOLITION OF BLIGHTED BUILDINGS OR STRUCTURES.
    20     "BUSINESS IMPROVEMENT [DISTRICT."] DISTRICT" OR "BID."  A
    21  BUSINESS IMPROVEMENT DISTRICT (BID) CREATED PRIOR TO [THE
    22  EFFECTIVE DATE OF THIS ACT] FEBRUARY 19, 2001, GOVERNED BY THE
    23  ACT OF MAY 2, 1945 (P.L.382, NO.164), KNOWN AS THE MUNICIPALITY
    24  AUTHORITIES ACT OF 1945, INSOFAR AS IT RELATES TO BUSINESS
    25  IMPROVEMENT DISTRICTS OR 53 PA.C.S. CH. 54 (RELATING TO BUSINESS
    26  IMPROVEMENT DISTRICTS). ON OR AFTER [THE EFFECTIVE DATE OF THIS
    27  ACT] FEBRUARY 19, 2001, THE TERM SHALL MEAN A LIMITED
    28  GEOGRAPHICAL AREA COMPRISED OF REAL PROPERTY WHICH IS USED FOR
    29  ANY FOR-PROFIT ACTIVITY INVOLVING TRADE AND TRAFFIC, OR COMMERCE
    30  IN GENERAL.
    20070H1620B4001                  - 4 -     

     1     "COMMERCIAL."  RELATING TO OR ASSOCIATED WITH ANY FOR-PROFIT
     2  ACTIVITY INVOLVING TRADE AND TRAFFIC OR COMMERCE IN GENERAL.
     3     "CONSTRUCTION EXPENDITURES."  PROPERTY AND RIGHT-OF-WAY
     4  ACQUISITION COSTS WHERE APPLICABLE.
     5     "COSTS OF IMPROVEMENTS."  THE TERM INCLUDES ARCHITECTURAL
     6  FEES, ENGINEERING FEES, ATTORNEY FEES, CONSULTING FEES,
     7  PROFESSIONAL FEES, PRELIMINARY PLANNING EXPENDITURES,
     8  FEASIBILITY STUDY EXPENDITURES, FINANCING COSTS AND ANY OTHER
     9  EXPENDITURES NECESSARY AND INCIDENTAL TO THE DEVELOPMENT,
    10  CONSTRUCTION OR COMPLETION OF THE IMPROVEMENT.
    11     "DISTRICT ADVISORY COUNCIL."  A COMMITTEE COMPRISED OF
    12  PROPERTY OWNERS FROM A NEIGHBORHOOD IMPROVEMENT DISTRICT
    13  ESTABLISHED UNDER SECTION [7(A)] 307(A) FOR THE PURPOSE OF
    14  PROVIDING GUIDANCE AND DIRECTION TO THE NEIGHBORHOOD IMPROVEMENT
    15  DISTRICT MANAGEMENT ASSOCIATION CONCERNING ASSOCIATION
    16  ACTIVITIES WITHIN THE DISTRICT.
    17     "INDUSTRIAL DISTRICT."  A LIMITED GEOGRAPHICAL AREA COMPRISED
    18  OF REAL PROPERTY WHICH IS USED PREDOMINANTLY FOR MANUFACTURING,
    19  COMMERCIAL OR ANY OTHER ACTIVITY RELATED TO THE DISTRIBUTION OF
    20  GOODS AND SERVICES AND INTERMEDIATE AND FINAL PRODUCTS,
    21  INCLUDING, BUT NOT LIMITED TO, WAREHOUSING, SHIPPING,
    22  TRANSPORTATION, REMANUFACTURING, STOCKPILING OF RAW MATERIALS,
    23  REPAIR AND MAINTENANCE OF MACHINERY AND EQUIPMENT, STORAGE,
    24  ADMINISTRATION OR BUSINESS ACTIVITIES AND RESEARCH AND
    25  DEVELOPMENT.
    26     "INSTITUTION."  THE TERM INCLUDES, BUT IS NOT LIMITED TO,
    27  COLLEGES, UNIVERSITIES, SCHOOLS, HOSPITALS, MUSEUMS, THEATERS,
    28  CHURCHES, SYNAGOGUES, ART CENTERS OR SIMILAR FACILITIES.
    29     "INSTITUTIONAL DISTRICT."  A LIMITED GEOGRAPHICAL AREA
    30  COMPRISED PREDOMINANTLY OF REAL PROPERTY ON WHICH EDUCATIONAL,
    20070H1620B4001                  - 5 -     

     1  HEALTH-RELATED OR CULTURAL ACTIVITIES OCCUR WITHIN BUILDINGS AND
     2  STRUCTURES, INCLUDING, BUT NOT LIMITED TO, COLLEGES,
     3  UNIVERSITIES, SCHOOLS, HOSPITALS, MUSEUMS, THEATERS, CHURCHES,
     4  SYNAGOGUES AND ART CENTERS.
     5     "MIXED-USE DISTRICT."  A LIMITED GEOGRAPHICAL AREA COMPRISED
     6  OF REAL PROPERTY USED FOR ANY OR ALL PURPOSES CONTAINED WITHIN A
     7  BUSINESS, RESIDENTIAL, INDUSTRIAL OR INSTITUTIONAL DISTRICT.
     8     "MUNICIPAL CORPORATION."  THE BODY OR BOARD AUTHORIZED BY LAW
     9  TO ENACT ORDINANCES OR ADOPT RESOLUTIONS FOR THE PARTICULAR
    10  MUNICIPALITY.
    11     "MUNICIPALITY."  WITH THE EXCEPTION OF [CITIES] A CITY OF THE
    12  FIRST CLASS, ANY CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP,
    13  HOME RULE, OPTIONAL PLAN OR OPTIONAL CHARTER MUNICIPALITY
    14  LOCATED WITHIN THIS COMMONWEALTH.
    15     "MUNICIPALITY AUTHORITIES ACT."  THE FORMER ACT OF MAY 2,
    16  1945 (P.L.382, NO.164), KNOWN AS THE MUNICIPALITY AUTHORITIES
    17  ACT OR 53 PA.C.S. CH. 56 (RELATING TO MUNICIPAL AUTHORITIES).
    18     "NEIGHBORHOOD."  A LIMITED GEOGRAPHIC AREA WITHIN A
    19  MUNICIPALITY ESTABLISHING A NEIGHBORHOOD IMPROVEMENT DISTRICT,
    20  THE LIMITS OF WHICH FORM THE NEIGHBORHOOD IMPROVEMENT DISTRICT
    21  BOUNDARY.
    22     "NEIGHBORHOOD IMPROVEMENT."  [IMPROVEMENTS] AN IMPROVEMENT
    23  NEEDED IN SPECIFIC GEOGRAPHIC AREAS OR TO INDIVIDUAL PROPERTIES
    24  WITHIN THOSE AREAS, INCLUDING, BUT NOT LIMITED TO, SIDEWALKS,
    25  RETAINING WALLS, STREET PAVING, PARKS, RECREATIONAL EQUIPMENT
    26  AND FACILITIES, OPEN SPACE, STREET LIGHTING, PARKING LOTS, TREES
    27  AND SHRUBBERY, SEWERS, WATER LINES, REST AREAS AND THE
    28  ACQUISITION AND REHABILITATION OR DEMOLITION OF DETERIORATED
    29  BUILDINGS OR STRUCTURES.
    30     "NEIGHBORHOOD IMPROVEMENT [DISTRICT."] DISTRICT" OR "NID."  A
    20070H1620B4001                  - 6 -     

     1  LIMITED GEOGRAPHIC AREA WITHIN A MUNICIPALITY, IN WHICH A
     2  SPECIAL ASSESSMENT IS LEVIED ON ALL DESIGNATED PROPERTY, OTHER
     3  THAN TAX-EXEMPT PROPERTY, FOR THE PURPOSE OF PROMOTING THE
     4  ECONOMIC AND GENERAL WELFARE OF THE DISTRICT AND THE
     5  MUNICIPALITY[, HEREINAFTER REFERRED TO AS NID]. SUCH DISTRICTS
     6  SHALL BE REFERRED TO GENERALLY AS NEIGHBORHOOD IMPROVEMENT
     7  DISTRICT (NID) AND SPECIFICALLY AS BUSINESS IMPROVEMENT DISTRICT
     8  (BID), RESIDENTIAL IMPROVEMENT DISTRICT (RID), INDUSTRIAL
     9  IMPROVEMENT DISTRICT (IID), INSTITUTIONAL IMPROVEMENT DISTRICT
    10  (INID) OR MIXED-USE IMPROVEMENT DISTRICT (MID), DEPENDING ON THE
    11  TYPE DISTRICT ESTABLISHED. A DESIGNATED PROPERTY MAY NOT BE
    12  INCLUDED IN MORE THAN ONE NEIGHBORHOOD IMPROVEMENT DISTRICT.
    13     "NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT [ASSOCIATION."]
    14  ASSOCIATION" OR "NIDMA." THE GOVERNING BODY WHICH OVERSEES THE
    15  MANAGEMENT OF NEIGHBORHOOD IMPROVEMENT DISTRICTS IN A
    16  MUNICIPALITY AS ESTABLISHED UNDER SECTION [5, WHICH HEREINAFTER
    17  SHALL BE REFERRED TO AS THE NIDMA] 305. SUCH BODY SHALL BE
    18  INCORPORATED AS A NONPROFIT CORPORATION IN THIS COMMONWEALTH OR
    19  AN AUTHORITY AS ESTABLISHED PURSUANT TO THE [ACT OF MAY 2, 1945
    20  (P.L.382, NO.164), KNOWN AS THE] MUNICIPALITY AUTHORITIES ACT
    21  [OF 1945].
    22     "NEIGHBORHOOD IMPROVEMENT DISTRICT [PLAN."] PLAN" OR "NIDP."
    23  THE STRATEGIC PLAN FOR NEIGHBORHOOD IMPROVEMENTS REQUIRED BY
    24  SECTION [5, HEREINAFTER REFERRED TO AS NIDP] 305, AND ALL
    25  PROJECTS, PROGRAMS AND SUPPLEMENTAL SERVICES TO BE PROVIDED
    26  WITHIN THE DISTRICT TO IMPLEMENT THE PLAN BY THE NEIGHBORHOOD
    27  IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATION.
    28     "NEIGHBORHOOD IMPROVEMENT DISTRICT SERVICES."  IN THE CASE OF
    29  NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATIONS
    30  CREATED FOR THE PURPOSE OF MAKING IMPROVEMENTS OR PROVIDING
    20070H1620B4001                  - 7 -     

     1  EXPANDED SERVICES WITHIN ANY NEIGHBORHOOD BUSINESS IMPROVEMENT
     2  DISTRICTS ESTABLISHED, THE TERM SHALL INCLUDE, BUT NOT BE
     3  LIMITED TO, THOSE SERVICES WHICH IMPROVE THE ABILITY OF THE
     4  COMMERCIAL ESTABLISHMENTS WITHIN THE DISTRICT TO SERVE THE
     5  CONSUMER, SUCH AS FREE OR REDUCED-FEE PARKING FOR CUSTOMERS,
     6  TRANSPORTATION-RELATED EXPENSES, PUBLIC RELATIONS PROGRAMS,
     7  GROUP ADVERTISING AND DISTRICT MAINTENANCE AND SECURITY
     8  SERVICES. FOR SERVICES PROVIDED WITHIN ANY RESIDENTIAL,
     9  INDUSTRIAL, INSTITUTIONAL OR MIXED-USE NEIGHBORHOOD IMPROVEMENT
    10  DISTRICT, THE TERM SHALL INCLUDE, BUT NOT BE LIMITED TO, THOSE
    11  SERVICES WHICH IMPROVE THE ABILITY OF PROPERTY OWNERS TO ENJOY A
    12  SAFER AND MORE ATTRACTIVE NEIGHBORHOOD THROUGH THE PROVISION OF
    13  INCREASED OR EXPANDED SERVICES, INCLUDING STREET LIGHTING,
    14  STREET CLEANING, STREET MAINTENANCE, PARKS, RECREATIONAL
    15  EQUIPMENT AND FACILITIES, OPEN SPACE AND/OR SECURITY SERVICES.
    16     "NONPROFIT CORPORATION."  A LEGAL ENTITY THAT IS INCORPORATED
    17  WITHIN THIS COMMONWEALTH AND SPECIFIES IN ITS CHARTER OR BYLAWS
    18  THAT NO PART OF THE NET EARNINGS MAY BENEFIT ANY PRIVATE
    19  SHAREHOLDER OR INDIVIDUAL HOLDING INTEREST IN SUCH ENTITY.
    20     "PRIVATE SECURITY OFFICER."  ANY PERSON OR FIRM EMPLOYED BY
    21  THE NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATION FOR
    22  THE PURPOSE OF PROVIDING INCREASED SECURITY OR PROTECTIVE PATROL
    23  SERVICES WITHIN THE NEIGHBORHOOD IMPROVEMENT DISTRICT. THE TERM
    24  MAY INCLUDE OFF-DUTY POLICE OFFICERS PROVIDED THAT THE USE OF
    25  SUCH OFFICERS FOR THIS PURPOSE IS APPROVED BY THE GOVERNING BODY
    26  OF THE MUNICIPALITY IN WHICH THE NEIGHBORHOOD IMPROVEMENT
    27  DISTRICT IS LOCATED OR THE MUNICIPALITY WHERE THE OFFICER IS
    28  EMPLOYED IF DIFFERENT.
    29     "PROJECT."  THE ACQUISITION, DEVELOPMENT, CONSTRUCTION,
    30  IMPROVEMENT, REHABILITATION, OPERATION AND/OR MAINTENANCE OF ANY
    20070H1620B4001                  - 8 -     

     1  BUILDING, FACILITY, EQUIPMENT OR STRUCTURE, BY PURCHASE, LEASE
     2  OR CONTRACT, BY A NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT
     3  ASSOCIATION TO FACILITATE NEIGHBORHOOD AND BUSINESS IMPROVEMENTS
     4  AS AUTHORIZED BY THIS [ACT] CHAPTER.
     5     "RATIONAL NEXUS."  THE LEGAL PRINCIPLE WHICH REQUIRES THAT
     6  THERE IS A RATIONAL, DEFINABLE BENEFIT WHICH ACCRUES TO ANY
     7  PROPERTY OWNER ASSESSED A FEE FOR SAID BENEFIT IN A NEIGHBORHOOD
     8  IMPROVEMENT DISTRICT CREATED UNDER THIS [ACT] CHAPTER. ALL
     9  PROPERTY OWNERS WITHIN A DESIGNATED NEIGHBORHOOD IMPROVEMENT
    10  DISTRICT PAYING A SPECIAL ASSESSMENT FEE MUST BENEFIT DIRECTLY
    11  OR INDIRECTLY FROM FACILITIES OR SERVICES PROVIDED BY A
    12  NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATION WITHIN
    13  THE NEIGHBORHOOD IMPROVEMENT DISTRICT, PROVIDED, HOWEVER, THAT
    14  PROPERTY OWNERS NEED NOT BENEFIT EQUALLY.
    15     "RESIDENTIAL DISTRICT."  A LIMITED GEOGRAPHICAL AREA
    16  COMPRISED OF REAL PROPERTY CONSISTING PREDOMINANTLY OF BUILDINGS
    17  AND STRUCTURES FOR HOUSING INDIVIDUALS AND FAMILIES, INCLUDING,
    18  BUT NOT LIMITED TO, SINGLE-FAMILY DETACHED HOMES, SINGLE-FAMILY
    19  SEMIDETACHED HOMES, TOWNHOUSES, CONDOMINIUMS, APARTMENTS,
    20  MANUFACTURED HOMES, MODULAR HOMES OR ANY COMBINATION OF SAME.
    21     "SERVICE AREA."  THE AREA WITHIN THE BOUNDARIES OF THE
    22  NEIGHBORHOOD IMPROVEMENT DISTRICT ESTABLISHED BY A MUNICIPALITY
    23  UNDER THIS [ACT] CHAPTER IN WHICH THE NEIGHBORHOOD IMPROVEMENT
    24  DISTRICT MANAGEMENT ASSOCIATION PROVIDES PROGRAMS, SERVICES AND
    25  IMPROVEMENTS. THE TERM MAY ALSO INCLUDE AN AREA OUTSIDE OF THE
    26  NEIGHBORHOOD IMPROVEMENT DISTRICT WHERE SERVICES ARE BEING
    27  PROVIDED BY THE NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT
    28  ASSOCIATION UNDER CONTRACT.
    29     "SPECIAL ASSESSMENT FEE."  THE FEE ASSESSED ON PROPERTY
    30  OWNERS WITHIN A NEIGHBORHOOD IMPROVEMENT DISTRICT LEVIED BY THE
    20070H1620B4001                  - 9 -     

     1  MUNICIPALITY ESTABLISHING A NEIGHBORHOOD IMPROVEMENT DISTRICT
     2  UNDER SECTION [4(10)] 304(10) FOR THE PURPOSES OF PROVIDING
     3  PROGRAMS, IMPROVEMENTS AND SERVICES UNDER SECTION [7] 307.
     4     "SUNSET PROVISION."  THE TERM MEANS A PROVISION IN THE
     5  NEIGHBORHOOD IMPROVEMENT DISTRICT PLAN UNDER SECTION [5(C)]
     6  305(C), ESTABLISHING A NEIGHBORHOOD IMPROVEMENT DISTRICT, WHICH
     7  PROVIDES FOR THE AUTOMATIC TERMINATION OF THE NEIGHBORHOOD
     8  IMPROVEMENT DISTRICT ON A DATE SPECIFIED IN THE NEIGHBORHOOD
     9  IMPROVEMENT DISTRICT PLAN AND IN THE MUNICIPAL ORDINANCE
    10  ESTABLISHING THE NEIGHBORHOOD IMPROVEMENT DISTRICT. THE
    11  NEIGHBORHOOD IMPROVEMENT DISTRICT MAY BE CONTINUED BEYOND THAT
    12  DATE, PROVIDED THE MUNICIPAL ENABLING ORDINANCE CREATING THE
    13  ORIGINAL NEIGHBORHOOD IMPROVEMENT DISTRICT IS REENACTED,
    14  FOLLOWING A REVIEW OF THE NEIGHBORHOOD IMPROVEMENT DISTRICT AND
    15  THE NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATION
    16  PROGRAMS AND SERVICES PROVIDED WITHIN THE NEIGHBORHOOD
    17  IMPROVEMENT DISTRICT, BY THE MUNICIPALITY.
    18  SECTION [4] 304.  POWERS OF MUNICIPAL CORPORATION.
    19     EVERY MUNICIPAL CORPORATION SHALL HAVE THE POWER:
    20         (1)  TO ESTABLISH WITHIN THE MUNICIPALITY AN AREA OR
    21     AREAS DESIGNATED AS AN NID.
    22         (2)  TO ESTABLISH AN AUTHORITY TO ADMINISTER THE NID OR
    23     TO DESIGNATE AN EXISTING COMMUNITY DEVELOPMENT CORPORATION OR
    24     OTHER EXISTING NONPROFIT CORPORATION TO ADMINISTER SAME OR TO
    25     CREATE A COMMUNITY DEVELOPMENT CORPORATION OR OTHER NONPROFIT
    26     CORPORATION TO ADMINISTER SAME UNDER SECTIONS [6 AND 7] 306
    27     AND 307.
    28         (3)  TO APPROPRIATE AND EXPEND, IN ACCORDANCE WITH THE
    29     SPECIFIC PROVISIONS OF THE MUNICIPAL ENABLING ORDINANCE,
    30     MUNICIPAL FUNDS AS MAY BE REQUIRED TO:
    20070H1620B4001                 - 10 -     

     1             (I)  ACQUIRE BY PURCHASE OR LEASE REAL OR PERSONAL
     2         PROPERTY DEEMED NECESSARY TO EFFECTUATE THE PURPOSES OF
     3         THE NID.
     4             (II)  PREPARE OR HAVE PREPARED PRELIMINARY PLANNING
     5         OR FEASIBILITY STUDIES TO DETERMINE NEEDED IMPROVEMENTS
     6         IN AN NID, INCLUDING, BUT NOT LIMITED TO, CAPITAL
     7         IMPROVEMENTS, TRADITIONAL STREETSCAPE AND BUILDING
     8         RENOVATIONS, RETAINING WALLS, STREET PAVING, STREET
     9         LIGHTING, PARKING LOTS, PARKING GARAGES, TREES AND
    10         SHRUBBERY, PEDESTRIAN WALKS, SEWERS, WATER LINES, REST
    11         AREAS, ACQUISITION, REHABILITATION OR DEMOLITION OF
    12         BLIGHTED BUILDINGS AND STRUCTURES, GRAFFITI REMOVAL,
    13         SECURITY, MARKETING, PROMOTIONS, ADVERTISING, BUSINESS
    14         RETENTION AND RECRUITMENT ACTIVITIES, MASTER LEASING AND
    15         PROPERTY MANAGEMENT, JOINT ADVERTISING, RESEARCH AND
    16         PLANNING AS WELL AS THE PROVISION OF ADDITIONAL SERVICES
    17         TO SUPPLEMENT, NOT REPLACE, EXISTING MUNICIPAL SERVICES
    18         PROVIDED WITHIN THE NID.
    19         (4)  TO ADVANCE FUNDS TO AN NIDMA AS MAY BE REQUIRED TO
    20     CARRY OUT THE PURPOSES OF THIS [ACT] CHAPTER.
    21         (5)  TO COLLECT SPECIAL PROPERTY ASSESSMENTS ON BEHALF OF
    22     THE NIDMA LEVIED ON DESIGNATED PROPERTY OWNERS WITHIN THE NID
    23     AND TO EMPLOY ANY LEGAL METHODS TO INSURE COLLECTION OF THE
    24     ASSESSMENTS.
    25         (6)  TO ACQUIRE BY GIFT, PURCHASE OR EMINENT DOMAIN,
    26     LAND, REAL PROPERTY OR RIGHTS-OF-WAY WHICH MAY BE NEEDED FOR
    27     THE PURPOSES OF MAKING PHYSICAL IMPROVEMENTS WITHIN THE NID.
    28         (7)  TO ISSUE BONDS, NOTES OR GUARANTEES, IN ACCORDANCE
    29     WITH THE PROVISIONS OF GENERAL LAWS IN THE AMOUNTS AND FOR
    30     THE PERIODS NECESSARY, TO FINANCE NEEDED IMPROVEMENTS WITHIN
    20070H1620B4001                 - 11 -     

     1     ANY NID.
     2         (8)  TO REVIEW ALL PROPOSED EXPENDITURES OF FUNDS WITHIN
     3     NIDS BY NIDMAS AND SUGGEST CHANGES TO SAME WHERE A NONPROFIT
     4     CORPORATION IS THE NIDMA.
     5         (9)  TO INCLUDE A SUNSET PROVISION OF NO LESS THAN FIVE
     6     YEARS IN THE MUNICIPAL ENABLING ORDINANCE CREATING THE NID
     7     AND IN THE CONTRACT WITH THE NIDMA.
     8         (10)  TO LEVY AN ASSESSMENT FEE ON PROPERTY OWNERS
     9     LOCATED WITHIN AN NID NEEDED TO FINANCE ADDITIONAL
    10     SUPPLEMENTAL PROGRAMS, SERVICES AND IMPROVEMENTS TO BE
    11     PROVIDED OR MADE BY THE NIDMA.
    12  SECTION [5] 305.  CREATION OF NEIGHBORHOOD IMPROVEMENT DISTRICT.
    13     (A)  ESTABLISHMENT.--
    14         (1)  THE GOVERNING BODY OF THE MUNICIPALITY OR ANY
    15     MUNICIPAL BUSINESSES OR RESIDENTS OR COMBINATION THEREOF MAY
    16     INITIATE ACTION TO ESTABLISH AN NID OR NIDS WITHIN THE
    17     MUNICIPALITY UNDER THIS [ACT] CHAPTER.
    18         (2)  IN THE CASE OF BUSINESSES OR RESIDENTS OR BOTH
    19     DESIRING TO ESTABLISH AN NID WHERE THE MUNICIPALITY HAS NOT
    20     TAKEN ACTION TO DO SO, THE GOVERNING BODY OF THE MUNICIPALITY
    21     MAY BE PETITIONED TO ESTABLISH AN NID UNDER THE PROCEDURES
    22     PROVIDED FOR BY THIS [ACT] CHAPTER.
    23         (3)  IN NO CASE WHERE THE GOVERNING BODY OF A
    24     MUNICIPALITY IS PETITIONED TO ESTABLISH AN NID UNDER
    25     PARAGRAPH (2) SHALL THE MUNICIPALITY BE REQUIRED TO ESTABLISH
    26     AN NID.
    27     (B)  SPECIFIC PROCEDURES.--
    28         (1)  A COPY OF EVERYTHING REQUIRED UNDER THIS SECTION, AS
    29     WELL AS THE DATE, LOCATION AND TIME OF ANY PUBLIC HEARING
    30     REQUIRED BY THIS [ACT] CHAPTER, SHALL BE PROVIDED BY THE
    20070H1620B4001                 - 12 -     

     1     MUNICIPAL CORPORATION TO ALL PROPERTY OWNERS AND LESSEES OF
     2     PROPERTY OWNERS LOCATED IN THE PROPOSED NID AT LEAST 30 DAYS
     3     PRIOR TO THE FIRST PUBLIC HEARING REQUIRED BY THIS SECTION.
     4         (2)  AT LEAST ONE PUBLIC HEARING, NO EARLIER THAN 15 DAYS
     5     APART, FOR THE PURPOSE OF RECEIVING PUBLIC COMMENT FROM
     6     AFFECTED PROPERTY OWNERS WITHIN THE PROPOSED NID, ON THE
     7     PROPOSED NIDP, SHALL BE HELD BY THE MUNICIPALITY BEFORE THE
     8     ESTABLISHMENT OF AN NID. NOTICE OF THE HEARING SHALL BE
     9     ADVERTISED AT LEAST TEN DAYS PRIOR THERETO IN A NEWSPAPER OF
    10     GENERAL CIRCULATION IN THE MUNICIPALITY.
    11         (3)  ANY OBJECTIONS BY PROPERTY OWNERS WITHIN THE
    12     PROPOSED NID MUST BE MADE IN WRITING BY PERSONS REPRESENTING
    13     THE OWNERSHIP OF 40%, IN NUMBERS, OF THE BENEFITED PROPERTIES
    14     WITHIN THE NID. OBJECTIONS MUST BE SIGNED BY THE PROPERTY
    15     OWNER AND FILED IN THE OFFICE OF THE CLERK FOR THE GOVERNING
    16     BODY OF THE MUNICIPALITY IN WHICH THE NID IS PROPOSED.
    17     (C)  CONTENTS OF PRELIMINARY PLAN.--THE PLAN SHALL INCLUDE
    18  THE FOLLOWING:
    19         (1)  A MAP INDICATING THE BOUNDARIES, BY STREET, OF THE
    20     PROPOSED NID; HOWEVER, A DESIGNATED PROPERTY MAY NOT BE
    21     INCLUDED IN MORE THAN ONE NID.
    22         (2)  A WRITTEN REPORT FROM THE MUNICIPALITY CONTAINING:
    23             (I)  THE NAME OF THE PROPOSED DISTRICT.
    24             (II)  A DETAILED DESCRIPTION OF THE SERVICE AREAS OF
    25         THE PROPOSED DISTRICT.
    26             (III)  A LIST OF ALL PROPERTIES TO BE ASSESSED.
    27             (IV)  A LIST OF PROPOSED IMPROVEMENTS WITHIN THE NID
    28         AND THEIR ESTIMATED COST.
    29             (V)  A PROPOSED BUDGET FOR THE FIRST FISCAL YEAR,
    30         INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: PERSONNEL
    20070H1620B4001                 - 13 -     

     1         AND ADMINISTRATION, PROGRAMS AND SERVICES, MAINTENANCE
     2         AND OPERATION, AND CAPITAL EXPENDITURES.
     3             (VI)  THE PROPOSED REVENUE SOURCES FOR FINANCING ALL
     4         PROPOSED IMPROVEMENTS, PROGRAMS AND SERVICES.
     5             (VII)  THE ESTIMATED TIME FOR IMPLEMENTATION AND
     6         COMPLETION OF ALL PROPOSED IMPROVEMENTS, PROGRAMS AND
     7         SERVICES.
     8             (VIII)  A STATEMENT IDENTIFYING THE ADMINISTRATIVE
     9         BODY WHICH WILL GOVERN AND ADMINISTER THE NID.
    10             (IX)  ANY OTHER INFORMATION, INCLUDING THE STATUTORY
    11         AUTHORITY OR, IN THE CASE OF A NONPROFIT CORPORATION, THE
    12         BYLAWS, WHICH DESCRIBE THE POWERS AND DUTIES OF AND THE
    13         METHOD FOR MAKING DECISIONS BY THE NIDMA.
    14             (X)  THE METHOD OF DETERMINING THE AMOUNT OF THE
    15         ASSESSMENT FEE TO BE LEVIED ON PROPERTY OWNERS WITHIN THE
    16         NID UNDER SECTION [7] 307.
    17         (3)  IN ADDITION, THE PLAN SHALL ALSO:
    18             (I)  IDENTIFY IN DETAIL THE SPECIFIC DUTIES AND
    19         RESPONSIBILITIES OF BOTH THE NIDMA AND THE MUNICIPAL
    20         CORPORATION WITH RESPECT TO THE NID.
    21             (II)  REQUIRE THAT A WRITTEN AGREEMENT BE SIGNED BY
    22         THE MUNICIPAL CORPORATION AND THE NIDMA DESCRIBING IN
    23         DETAIL THEIR RESPECTIVE DUTIES AND RESPONSIBILITIES.
    24             (III)  ALLOW FOR AND ENCOURAGE TAX-EXEMPT PROPERTY
    25         OWNERS LOCATED WITHIN THE NID TO PROVIDE IN-KIND SERVICES
    26         OR A FINANCIAL CONTRIBUTION TO THE NIDMA, IF NOT
    27         ASSESSED, IN LIEU OF A PROPERTY ASSESSMENT FEE.
    28             (IV)  REQUIRE IN THE AGREEMENT BETWEEN THE MUNICIPAL
    29         CORPORATION AND THE NIDMA THAT THE MUNICIPALITY MUST
    30         MAINTAIN THE SAME LEVEL OF MUNICIPAL PROGRAMS AND
    20070H1620B4001                 - 14 -     

     1         SERVICES PROVIDED WITHIN THE NID BEFORE NID DESIGNATION
     2         AS AFTER NID DESIGNATION.
     3             (V)  ALLOW THE MUNICIPAL CORPORATION THE RIGHT TO
     4         INCLUDE IN THE AGREEMENT WITH THE NIDMA AND IN THE
     5         ENABLING ORDINANCE ESTABLISHING THE NID A SUNSET
     6         PROVISION OF NO LESS THAN FIVE YEARS FOR RENEWAL OF THE
     7         AGREEMENT.
     8             (VI)  REQUIRE IN THE AGREEMENT WITH THE NIDMA THAT
     9         THE MUNICIPALITY ESTABLISHING AN NID SHALL BE RESPONSIBLE
    10         FOR THE COLLECTION OF ALL PROPERTY ASSESSMENT FEES LEVIED
    11         WITHIN THE NID IF SO DESIRED BY THE NIDMA.
    12             (VII)  PROVIDE THAT A NEGATIVE VOTE OF AT LEAST 40%
    13         OF THE PROPERTY OWNERS WITHIN THE NID PROPOSED IN THE
    14         FINAL PLAN SHALL BE REQUIRED TO DEFEAT THE ESTABLISHMENT
    15         OF THE PROPOSED NID BY FILING OBJECTIONS WITH THE CLERK
    16         FOR THE GOVERNING BODY OF THE MUNICIPALITY WITHIN 45 DAYS
    17         OF PRESENTATION OF THE FINAL PLAN WHERE THE GOVERNING
    18         BODY OF MUNICIPALITY IS INCLINED TO ESTABLISH THE NID.
    19     (D)  FINAL PLAN.--PRIOR TO THE ESTABLISHMENT OF AN NID, THE
    20  MUNICIPALITY SHALL SUBMIT A REVISED FINAL PLAN TO PROPERTY
    21  OWNERS LOCATED WITHIN THE PROPOSED NID WHICH INCORPORATES
    22  CHANGES MADE TO THE PLAN BASED ON COMMENTS FROM AFFECTED
    23  PROPERTY OWNERS WITHIN THE NID PROVIDED AT THE PUBLIC HEARINGS
    24  OR AT SOME OTHER TIME. CHANGES TO THE FINAL PLAN WHICH DIFFER
    25  FROM THE PRELIMINARY PLAN SHALL ALSO BE SO INDICATED IN AN
    26  EASILY DISCERNIBLE METHOD FOR THE READER, INCLUDING, BUT NOT
    27  LIMITED TO, CHANGES BEING IN BOLDFACED OR ITALICIZED TYPE.
    28     (E)  PUBLIC HEARING.--AT LEAST ONE PUBLIC HEARING FOR THE
    29  PURPOSE OF RECEIVING PUBLIC COMMENT ON ANY REVISIONS TO THE
    30  PRELIMINARY PLAN MADE FOLLOWING SUGGESTIONS BY AFFECTED PROPERTY
    20070H1620B4001                 - 15 -     

     1  OWNERS WITHIN THE PROPOSED NID AND REFLECTED IN THE FINAL NIDP
     2  SHALL BE HELD BY THE MUNICIPAL CORPORATION BEFORE ENACTING AN
     3  ORDINANCE ESTABLISHING AN NID. NOTICE OF THE HEARING SHALL BE
     4  ADVERTISED AT LEAST TEN DAYS PRIOR THERETO IN A NEWSPAPER OF
     5  GENERAL CIRCULATION IN THE MUNICIPALITY.
     6     (F)  VETO OF FINAL PLAN FOR NID.--
     7         (1)  FOLLOWING THE LAST PUBLIC HEARING REQUIRED UNDER
     8     SUBSECTION (E) OR UNDER SUBSECTION (G) IF AN AMENDMENT TO THE
     9     FINAL PLAN, AFFECTED PROPERTY OWNERS LOCATED WITHIN A
    10     PROPOSED NID SHALL HAVE 45 DAYS FROM THE DATE OF THE HEARING
    11     TO OBJECT TO AND DISAPPROVE THE FINAL PLAN OR ANY AMENDMENT
    12     TO THE FINAL PLAN UNDER THE REQUIREMENTS OF SUBSECTION
    13     (B)(3).
    14         (2)  IF 40% OR MORE OF THE AFFECTED PROPERTY OWNERS
    15     WITHIN THE PROPOSED NID FAIL TO REGISTER THEIR DISAPPROVAL OF
    16     THE FINAL PLAN OR AMENDMENT TO THE FINAL PLAN IN WRITING WITH
    17     THE CLERK OF THE GOVERNING BODY OF THE MUNICIPALITY IN WHICH
    18     THE NID IS PROPOSED, THE GOVERNING BODY OF THE MUNICIPALITY
    19     MAY, FOLLOWING THE 45-DAY PERIOD, ENACT A MUNICIPAL ORDINANCE
    20     ESTABLISHING AN NID UNDER THIS [ACT] CHAPTER OR, IN THE CASE
    21     OF AN AMENDMENT TO THE FINAL PLAN, ADOPT ANY AMENDMENTS TO
    22     THE ORDINANCE.
    23     (G)  AMENDMENTS TO FINAL PLAN.--
    24         (1)  THE FINAL PLAN MAY BE AMENDED BY THE NIDMA ANY TIME
    25     AFTER THE ESTABLISHMENT OF AN NID, PURSUANT TO THE PROVISIONS
    26     OF THIS [ACT] CHAPTER, UPON THE RECOMMENDATION OF THE NIDMA
    27     BOARD, PROVIDED THERE IS CONCURRENCE WITH 60% OF THE PROPERTY
    28     OWNERS WITHIN THE NID.
    29         (2)  AMENDMENTS TO THE FINAL PLAN WHICH ALSO REQUIRE THE
    30     APPROVAL OF THE GOVERNING BODY OF THE MUNICIPALITY
    20070H1620B4001                 - 16 -     

     1     ESTABLISHING THE NID INCLUDE:
     2             (I)  SUBSTANTIALLY CHANGED OR ADDED PROGRAMS,
     3         IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN THE NID.
     4             (II)  INCREASED EXPENDITURES AFFECTING MORE THAN 25%
     5         OF THE TOTAL NIDMA BUDGET FOR THE FISCAL YEAR.
     6             (III)  INCURRING INCREASED INDEBTEDNESS.
     7             (IV)  CHANGING THE ASSESSMENT FEE STRUCTURE LEVIED ON
     8         PROPERTY OWNERS IN THE NID.
     9             (V)  CHANGING THE LEGAL ENTITY (NIDMA) WHICH PROVIDES
    10         PROGRAMS, IMPROVEMENTS AND SERVICES WITHIN THE NID.
    11             (VI)  CHANGING THE NID SERVICE AREA BOUNDARY.
    12     PRIOR TO THE GOVERNING BODY OF THE MUNICIPALITY APPROVING ANY
    13     OF THE CHANGES IN THIS PARAGRAPH, THE GOVERNING BODY SHALL
    14     HOLD AT LEAST ONE PUBLIC HEARING TO DETERMINE THAT SUCH
    15     CHANGES ARE IN THE PUBLIC INTEREST AS IT RELATES TO AFFECTED
    16     PROPERTY OWNERS WITHIN THE NID.
    17         (3)  THE MUNICIPALITY SHALL PROVIDE PUBLIC NOTICE OF THE
    18     HEARING FOR ANY AMENDMENTS BY PUBLICATION OF A NOTICE IN AT
    19     LEAST ONE NEWSPAPER HAVING A GENERAL CIRCULATION IN THE NID
    20     SPECIFYING THE TIME AND THE PLACE OF SUCH HEARING AND THE
    21     AMENDMENTS TO BE CONSIDERED. THIS NOTICE SHALL BE PUBLISHED
    22     ONCE AT LEAST 10 DAYS PRIOR TO THE DATE OF THE HEARING.
    23         (4)  THE GOVERNING BODY OF THE MUNICIPALITY MAY WITHIN 30
    24     DAYS FOLLOWING THE PUBLIC HEARING AND AT ITS SOLE DISCRETION
    25     APPROVE OR DISAPPROVE OF ANY AMENDMENTS TO THE PLAN. IF
    26     APPROVED, SUCH AMENDMENTS SHALL BE EFFECTIVE UPON THE DATE OF
    27     SUCH APPROVAL.
    28         (5)  PRIOR TO THE ADOPTION OF ANY AMENDMENT TO THE NID
    29     BOUNDARY WHICH INCREASES THE SIZE OF THE NID, ANY OWNER OF
    30     PROPERTY TO BE ADDED TO THE NID SHALL BE NOTIFIED OF THE
    20070H1620B4001                 - 17 -     

     1     DATE, TIME AND LOCATION OF THE PUBLIC HEARING ON THE PROPOSED
     2     AMENDMENT TO THE FINAL PLAN AND PROVIDED ALL INFORMATION
     3     REQUIRED BY SUBSECTION (C).
     4  SECTION [6] 306.  CREATION OF NEIGHBORHOOD IMPROVEMENT DISTRICT
     5                 MANAGEMENT ASSOCIATION.
     6     (A)  ASSOCIATION DESIGNATED.--WHEN A MUNICIPALITY ESTABLISHES
     7  AN NID UNDER THIS [ACT] CHAPTER, A NEIGHBORHOOD IMPROVEMENT
     8  DISTRICT MANAGEMENT ASSOCIATION SHALL BE DESIGNATED BY THE
     9  GOVERNING BODY OF THE MUNICIPALITY IN WHICH THE NID IS TO BE
    10  LOCATED TO ADMINISTER PROGRAMS, IMPROVEMENTS AND SERVICES WITHIN
    11  THE NID.
    12     (B)  ADMINISTRATION.--
    13         (1)  NIDS CREATED PURSUANT TO THIS [ACT] CHAPTER SHALL BE
    14     ADMINISTERED BY AN NIDMA WHICH SHALL BE AN AUTHORITY CREATED
    15     PURSUANT TO THE [ACT OF MAY 2, 1945 (P.L.382, NO.164), KNOWN
    16     AS THE] MUNICIPALITY AUTHORITIES ACT [OF 1945], AN EXISTING
    17     NONPROFIT DEVELOPMENT CORPORATION, AN EXISTING NONPROFIT
    18     CORPORATION OR A NONPROFIT DEVELOPMENT CORPORATION OR
    19     NONPROFIT CORPORATION ESTABLISHED BY THE GOVERNING BODY OR
    20     AUTHORIZED TO BE ESTABLISHED BY THE GOVERNING BODY OF THE
    21     MUNICIPALITY IN WHICH THE NID IS TO BE LOCATED, TO ADMINISTER
    22     THE NIDP.
    23         (2)  IF AN ACTIVE NONPROFIT DEVELOPMENT CORPORATION
    24     ALREADY EXISTS WITHIN THE GEOGRAPHIC BOUNDARIES OF THE NID
    25     AND FORMALLY INDICATES ITS INTEREST TO THE GOVERNING BODY OF
    26     THE MUNICIPALITY TO BECOME THE DESIGNATED NIDMA, THE
    27     GOVERNING BODY OF THE MUNICIPALITY SHALL GRANT THAT REQUEST
    28     UNLESS 40% OR MORE OF THE AFFECTED PROPERTY OWNERS WITHIN THE
    29     PROPOSED NID REGISTER THEIR DISAPPROVAL OF THIS DESIGNATION
    30     IN WRITING WITH THE CLERK OF THE GOVERNING BODY WITHIN A 45-
    20070H1620B4001                 - 18 -     

     1     DAY PERIOD FOLLOWING THE FORMAL WRITTEN REQUEST FOR
     2     DESIGNATION BY THE NONPROFIT DEVELOPMENT CORPORATION TO
     3     BECOME THE NIDMA.
     4     (C)  POWERS.--AN NIDMA CREATED UNDER THIS ACT SHALL ASSUME
     5  ALL POWERS PROVIDED FOR IN SECTION [7] 307 IMMEDIATELY UPON THE
     6  EFFECTIVE DATE OF THE MUNICIPAL ORDINANCE ENACTED UNDER SECTION
     7  [4] 304 CREATING AN NID.
     8     (d)  Board.--Every NIDMA shall have an administrative
     9  board[.] as follows:
    10         (1)  Where an authority created pursuant to the
    11     Municipality Authorities Act [of 1945] serves as the NIDMA,    <--
    12     the board shall be appointed pursuant to the Municipality
    13     Authorities Act [of 1945].                                     <--
    14         (2)  Where an existing nonprofit development corporation
    15     or other nonprofit corporation is to serve as the NIDMA, the
    16     board shall be appointed according to the bylaws of the NIDMA
    17     filed with the Department of State.
    18         (3)  Where a nonprofit development corporation or other
    19     nonprofit corporation is established to serve as the NIDMA
    20     for an NID, the board shall be comprised of an odd number of
    21     members, between five and nine, with:
    22             (i)  at least one member representing the municipal
    23         corporation in which the NID is located[.]; and
    24             (ii)  when a licensed gaming facility is located
    25         within the boundaries of the NID, the State senator and
    26         State representative of the district in which the
    27         facility is located and four members of local recognized
    28         civic associations.
    29         (4)  In all cases, NIDMA boards shall include a
    30     representative of property owners located in the NID,
    20070H1620B4001                 - 19 -     

     1     business owners located in the NID and any institutions
     2     located in the NID. Institutional members may appoint a
     3     designee to represent them. All board members need not be
     4     residents of the NID.
     5  SECTION [7] 307.  POWERS OF NEIGHBORHOOD IMPROVEMENT DISTRICT     <--
     6                 MANAGEMENT ASSOCIATION.
     7     (A)  GENERAL POWERS.--AN NIDMA SHALL HAVE, IN ADDITION TO ANY
     8  OTHER POWERS PROVIDED PURSUANT TO THE [ACT OF MAY 2, 1945
     9  (P.L.382, NO.164), KNOWN AS THE] MUNICIPALITY AUTHORITIES ACT
    10  [OF 1945], WHERE THE NIDMA IS AN AUTHORITY, OR IN ADDITION TO
    11  ANY OTHER POWERS PROVIDED PURSUANT TO THE CHARTER ESTABLISHING A
    12  NONPROFIT DEVELOPMENT CORPORATION OR OTHER NONPROFIT
    13  CORPORATION, WHERE THE NIDMA IS A NONPROFIT DEVELOPMENT
    14  CORPORATION OR OTHER NONPROFIT CORPORATION, THE POWER TO:
    15         (1)  SUE OR BE SUED, IMPLEAD OR BE IMPLEADED, COMPLAIN
    16     AND DEFEND IN ALL COURTS.
    17         (2)  EMPLOY AN EXECUTIVE DIRECTOR OR ADMINISTRATOR AND
    18     ANY NECESSARY SUPPORTING STAFF OR CONTRACT FOR THE PROVISION
    19     OF SAME.
    20         (3)  PREPARE PLANNING OR FEASIBILITY STUDIES OR CONTRACT
    21     FOR THE PREPARATION OF SAME TO DETERMINE NEEDED CAPITAL
    22     IMPROVEMENTS OR ADMINISTRATIVE PROGRAMS AND SERVICES WITHIN
    23     THE NID.
    24         (4)  MAKE CAPITAL IMPROVEMENTS OR PROVIDE ADMINISTRATIVE
    25     PROGRAMS AND SERVICES WITHIN AN NID.
    26         (5)  PURCHASE, OWN, CONSTRUCT, RENOVATE, DEVELOP,
    27     OPERATE, REHABILITATE, MANAGE, SELL AND/OR DISPOSE OF REAL
    28     PROPERTY.
    29         (6)  CONTRACT WITH EXISTING BUSINESSES WITHIN THE NID.
    30         (7)  CONTRACT FOR THE PROVISION OF PRODUCTS OR SERVICES
    20070H1620B4001                 - 20 -     

     1     BY THE NIDMA TO CLIENTS LOCATED INSIDE AND OUTSIDE OF THE
     2     NID, INCLUDING BILLING AND COLLECTION OF ASSESSMENT FEES BY
     3     ANOTHER NIDMA.
     4         (8)  APPROPRIATE AND EXPEND NID FUNDS WHICH WOULD INCLUDE
     5     ANY FEDERAL, STATE OR MUNICIPAL FUNDS RECEIVED BY THE NIDMA.
     6     THE FUNDS SHALL BE EXPENDED IN ACCORDANCE WITH ANY SPECIFIC
     7     PROVISIONS CONTAINED IN THE MUNICIPAL ENABLING ORDINANCE
     8     ESTABLISHING THE NID AND MAY BE USED:
     9             (I)  TO ACQUIRE BY PURCHASE OR LEASE REAL OR PERSONAL
    10         PROPERTY TO EFFECTUATE THE PURPOSES OF THIS [ACT]
    11         CHAPTER, INCLUDING MAKING COMMON IMPROVEMENTS WITHIN THE
    12         NID, INCLUDING, BUT NOT LIMITED TO, SIDEWALKS, RETAINING
    13         WALLS, STREET PAVING, PARKS, RECREATIONAL EQUIPMENT AND
    14         FACILITIES, OPEN SPACE, STREET LIGHTING, PARKING LOTS,
    15         PARKING GARAGES, TREES AND SHRUBBERY, PEDESTRIAN WALKS,
    16         SEWERS, WATER LINES, REST AREAS AND THE ACQUISITION,
    17         REHABILITATION OR DEMOLITION OF BLIGHTED BUILDINGS OR
    18         COMPARABLE STRUCTURES.
    19             (II)  TO PROVIDE FREE OR REDUCED-FEE PARKING FOR
    20         CUSTOMERS OF BUSINESSES WITHIN THE NID, TRANSPORTATION-
    21         RELATED EXPENDITURES, PUBLIC RELATIONS PROGRAMS, GROUP
    22         ADVERTISING AND NID MAINTENANCE AND SECURITY SERVICES.
    23             (III)  TO IMPOSE SPECIAL ASSESSMENT FEES.
    24         (9)  SOLICIT IN-KIND SERVICES OR FINANCIAL CONTRIBUTIONS
    25     FROM TAX-EXEMPT PROPERTY OWNERS WITHIN THE NID IN LIEU OF
    26     PROPERTY ASSESSMENT FEES. THIS MAY INCLUDE ENTERING INTO
    27     VOLUNTARY MULTIYEAR AGREEMENTS (VMAS) BETWEEN THE NIDMA AND
    28     TAX-EXEMPT PROPERTY OWNERS LOCATED WITHIN AN NID FOR THE
    29     PROVISION OF SAME.
    30         (10)  IMPOSE LIENS ON PROPERTY FOR THE NONPAYMENT OF
    20070H1620B4001                 - 21 -     

     1     PROPERTY ASSESSMENTS. NIDS ADMINISTERED BY NONPROFIT
     2     CORPORATIONS WOULD HAVE ANY SUCH LIENS FILED BY THE MUNICIPAL
     3     CORPORATION.
     4         (11)  HIRE ADDITIONAL OFF-DUTY POLICE OFFICERS OR PRIVATE
     5     SECURITY OFFICERS WHOSE PATROL AREA RESPONSIBILITIES WOULD BE
     6     LIMITED TO THE GEOGRAPHICAL AREA INCORPORATED WITHIN THE
     7     DESIGNATED NID SERVICE AREA AND WHOSE RESPONSIBILITY WOULD BE
     8     TO SUPPORT EXISTING MUNICIPAL AND VOLUNTEER EFFORTS AIMED AT
     9     REDUCING CRIME AND IMPROVING SECURITY IN THE NID.
    10         (12)  DESIGNATE A DISTRICT ADVISORY COMMITTEE, REFERRED
    11     TO AS THE DAC, FOR EACH NID ESTABLISHED WITHIN THE
    12     MUNICIPALITY. EACH DAC SHALL CONSIST OF AN ODD NUMBER OF
    13     MEMBERS, BETWEEN FIVE AND NINE, WHO SHALL BE REPRESENTATIVE
    14     OF THE NEIGHBORHOOD'S CHARACTER, INCLUDING, BUT NOT LIMITED
    15     TO, AGE, SEX AND CULTURAL DIVERSITY.
    16     (B)  ASSESSMENTS.--
    17         (1)  THE NIDMA SHALL, UPON APPROVAL BY THE GOVERNING BODY
    18     OF THE MUNICIPALITY, HAVE THE POWER TO ASSESS PROPERTY OWNERS
    19     WITHIN THE NID A SPECIAL PROPERTY ASSESSMENT FEE. REVENUES
    20     FROM THE FEE SHALL BE ACCOUNTED FOR AND USED BY THE NIDMA TO
    21     MAKE IMPROVEMENTS AND PROVIDE PROGRAMS AND SERVICES WITHIN
    22     THE NID AS AUTHORIZED BY THIS [ACT] CHAPTER. WHERE THE
    23     DISTRICT ESTABLISHED IS A BID, THE NIDMA SHALL HAVE THE
    24     AUTHORITY TO EXEMPT RESIDENTIAL PROPERTY OWNERS FROM ANY
    25     SPECIAL ASSESSMENT FEES LEVIED.
    26         (2)  ALL ASSESSMENTS AUTHORIZED UNDER THIS SECTION SHALL
    27     BE CALCULATED USING JANUARY 1 AS THE FIRST DAY OF THE FISCAL
    28     YEAR.
    29         (3)  ALL SPECIAL PROPERTY ASSESSMENT FEES SHALL BE BASED
    30     UPON THE ESTIMATED COST OF THE PROGRAMS, IMPROVEMENTS OR
    20070H1620B4001                 - 22 -     

     1     SERVICES TO BE PROVIDED IN SUCH NID AS STATED IN THE FINAL
     2     PLAN UNDER SECTION [5(D)] 305(D). IN NO CASE SHALL THE
     3     AGGREGATE AMOUNT OF ALL FEES LEVIED BY THE NIDMA DURING THE
     4     YEAR EXCEED THE ESTIMATED COST OF PROPOSED PROGRAMS,
     5     IMPROVEMENTS AND SERVICES FOR THE YEAR.
     6         (4)  IN THE CASE OF AN NID WHICH CONTAINS A COMBINATION
     7     OF BUSINESS, RESIDENTIAL, INDUSTRIAL AND/OR INSTITUTIONAL
     8     AREAS AND USES, A WEIGHTED ASSESSMENT MAY BE INSTITUTED. IN
     9     SUCH CASE, THE FEE LEVIED ON PROPERTY OWNERS GENERALLY MAY BE
    10     WEIGHTED HIGHER FOR BUSINESS, INDUSTRIAL OR INSTITUTIONAL
    11     PROPERTIES THAN THAT LEVIED ON RESIDENTIAL PROPERTY OWNERS,
    12     PROVIDED THE BASIS FOR THE CALCULATION OF THE FEE MEETS THE
    13     RATIONAL NEXUS TEST.
    14         (5)  THE TOTAL COSTS OF IMPROVEMENTS, PROGRAMS AND
    15     ADMINISTRATIVE SERVICES PROVIDED BY THE NIDMA SHALL BE
    16     ASSESSED TO ALL DESIGNATED PROPERTIES WITHIN THE NID BY ONE
    17     OF THE FOLLOWING METHODS:
    18             (I)  AN ASSESSMENT DETERMINED BY MULTIPLYING THE
    19         TOTAL SERVICE AND IMPROVEMENT COSTS BY THE RATIO OF THE
    20         ASSESSED VALUE OF THE BENEFITED PROPERTY TO THE TOTAL
    21         ASSESSED VALUATION OF ALL DESIGNATED BENEFITED PROPERTIES
    22         IN THE NID.
    23             (II)  AN ASSESSMENT UPON THE SEVERAL PROPERTIES IN
    24         THE NID IN PROPORTION TO BENEFITS AS ASCERTAINED BY
    25         VIEWERS APPOINTED IN ACCORDANCE WITH LAW.
    26             (III)  ANY METHOD THAT EQUITABLY APPORTIONS COSTS
    27         AMONG BENEFITING PROPERTIES.
    28             (IV)  IN THE CASE OF IMPROVEMENTS BENEFITING
    29         PROPERTIES ABUTTING THE NID BY THE FRONT-FOOT METHOD,
    30         WITH EQUITABLE ADJUSTMENTS FOR CORNER PROPERTIES AND
    20070H1620B4001                 - 23 -     

     1         OTHER CASES PROVIDED FOR IN THE MUNICIPAL ORDINANCE. ANY
     2         PROPERTY WHICH CANNOT BE EQUITABLY ASSESSED BY THE FRONT-
     3         FOOT METHOD MAY BE ASSESSED BY ANY OF THE ABOVE METHODS.
     4     (C)  PAYMENT.--THE GOVERNING BODY MAY BY ORDINANCE AUTHORIZE
     5  THE PAYMENT OF THE ASSESSMENT IN EQUAL ANNUAL OR MORE FREQUENT
     6  INSTALLMENTS OVER SUCH TIME AND BEARING INTEREST AT THE RATE
     7  SPECIFIED IN THE MUNICIPAL ORDINANCE. IF BONDS HAVE BEEN ISSUED
     8  AND SOLD OR NOTES OR GUARANTEES HAVE BEEN GIVEN OR ISSUED TO
     9  PROVIDE FOR THE COST OF THE SERVICES AND IMPROVEMENTS, THE
    10  ASSESSMENT IN EQUAL INSTALLMENTS SHALL NOT BE PAYABLE BEYOND THE
    11  TERM FOR WHICH THE BONDS, NOTES OR GUARANTEES ARE PAYABLE.
    12     (D)  LIENS.--
    13         (1)  NOTWITHSTANDING THE FILING OF THE CLAIMS, ALL
    14     ASSESSMENTS WHICH ARE MADE PAYABLE IN INSTALLMENTS SHALL
    15     CONSTITUTE LIENS AND ENCUMBRANCES UPON THE RESPECTIVE
    16     BENEFITED PROPERTIES AT THE BEGINNING OF EACH CALENDAR YEAR,
    17     EXCEPT AS PROVIDED IN SUBSECTION (C), AND ONLY IN AN AMOUNT
    18     EQUAL TO THE SUM OF:
    19             (I)  THE ANNUAL OR OTHER INSTALLMENTS BECOMING
    20         PAYABLE IN SUCH YEAR, WITH INTEREST AND PENALTIES, IF
    21         ANY, THEREON; AND
    22             (II)  THE TOTAL OF ALL INSTALLMENTS, WITH INTEREST
    23         AND PENALTIES THEREON, WHICH BECAME DUE DURING PRIOR
    24         YEARS AND WHICH REMAIN DUE AND UNPAID AT THE BEGINNING OF
    25         THE CURRENT YEAR.
    26         (2)  IN THE CASE OF DEFAULT IN THE PAYMENT OF ANY
    27     INSTALLMENT AND INTEREST FOR A PERIOD OF 90 DAYS AFTER THE
    28     PAYMENT BECOMES DUE, THE ASSESSMENT ORDINANCE MAY PROVIDE
    29     EITHER FOR THE ENTIRE ASSESSMENT, WITH ACCRUED INTEREST AND
    30     PENALTIES, TO BECOME DUE AND BECOME A LIEN FROM THE DUE DATE
    20070H1620B4001                 - 24 -     

     1     OF THE INSTALLMENT OR MAY PROVIDE SOLELY FOR THE ENFORCEMENT
     2     OF THE CLAIM AS TO THE OVERDUE INSTALLMENT, WITH INTEREST AND
     3     PENALTIES, IN WHICH CASE THE ORDINANCE SHALL FURTHER PROVIDE
     4     THAT IF ANY INSTALLMENT OR PORTION THEREOF REMAINS DUE AND
     5     UNPAID FOR ONE YEAR AFTER IT HAS BECOME DUE AND PAYABLE, THEN
     6     THE ENTIRE ASSESSMENT WITH ACCRUED INTEREST AND PENALTIES
     7     SHALL BECOME DUE AND BECOME A LIEN FROM THE DUE DATE OF THE
     8     INSTALLMENT.
     9         (3)  NO ACTION TAKEN TO ENFORCE A CLAIM FOR ANY
    10     INSTALLMENT OR INSTALLMENTS SHALL AFFECT THE STATUS OF ANY
    11     SUBSEQUENT INSTALLMENT OF THE SAME ASSESSMENT, EACH OF WHICH
    12     SHALL CONTINUE TO BECOME A LIEN UPON THE PROPERTY ANNUALLY
    13     PURSUANT TO PARAGRAPH (1).
    14         (4)  THE ORDINANCE MAY CONTAIN ANY OTHER PROVISION
    15     RELATING TO INSTALLMENT ASSESSMENTS WHICH IS NOT INCONSISTENT
    16     WITH APPLICABLE LAW.
    17         (5)  ANY OWNER OF PROPERTY AGAINST WHOM AN ASSESSMENT HAS
    18     BEEN MADE MAY PAY THE ASSESSMENT IN FULL AT ANY TIME, WITH
    19     ACCRUED INTEREST AND COSTS THEREON, AND SUCH A PAYMENT SHALL
    20     DISCHARGE THE LIEN OF THE ASSESSMENT OR INSTALLMENTS THEN
    21     CONSTITUTING A LIEN AND SHALL ALSO RELEASE THE CLAIM TO ANY
    22     LATER INSTALLMENTS.
    23         (6)  CLAIMS TO SECURE THE ASSESSMENTS SHALL BE ENTERED IN
    24     THE PROTHONOTARY'S OFFICE OF THE COUNTY AT THE SAME TIME AND
    25     IN THE SAME FORM AND COLLECTED IN THE SAME MANNER AS
    26     MUNICIPAL TAX CLAIMS ARE FILED AND COLLECTED, NOTWITHSTANDING
    27     THE PROVISIONS OF THIS SECTION AS TO INSTALLMENT PAYMENTS.
    28  SECTION [8] 308.  DISSOLUTION OF NEIGHBORHOOD IMPROVEMENT
    29                 DISTRICT MANAGEMENT ASSOCIATION AND NEIGHBORHOOD
    30                 IMPROVEMENT DISTRICT.
    20070H1620B4001                 - 25 -     

     1     (A)  CONVEYING PROJECTS.--WHEN ANY NIDMA SHALL HAVE FINALLY
     2  PAID AND DISCHARGED ALL BONDS WHICH TOGETHER WITH THE INTEREST
     3  DUE THEREON SHALL HAVE BEEN SECURED BY A PLEDGE OF ANY OF THE
     4  REVENUES OR RECEIPTS OF A PROJECT, IT MAY, SUBJECT TO ANY
     5  AGREEMENTS CONCERNING THE OPERATION OR DISPOSITION OF SUCH
     6  PROJECT AND THE NIDMA BYLAWS, CONVEY SUCH PROJECT OR PROJECTS TO
     7  THE MUNICIPAL CORPORATION WHICH ESTABLISHED OR HAD ESTABLISHED
     8  THE NIDMA.
     9     (B)  REQUEST FOR TERMINATION.--
    10         (1)  ANY REQUEST FOR THE TERMINATION OF THE NID AND NIDMA
    11     APPROVED BY 40% OF THE ASSESSED PROPERTY OWNERS, IN NUMBERS,
    12     LOCATED IN THE NID SHALL BE SUBMITTED TO THE GOVERNING BODY
    13     OF THE MUNICIPALITY IN WRITING.
    14         (2)  THE GOVERNING BODY SHALL HOLD A HEARING ON THE
    15     MERITS OF SAME, PURSUANT TO SECTION [5(B)(2)] 305(B)(2) AS IT
    16     RELATES TO THE REQUIRED PROCEDURE OF HOLDING A HEARING. SUCH
    17     WRITTEN REQUEST SHALL BE CONSIDERED BY THE GOVERNING BODY OF
    18     THE MUNICIPALITY.
    19         (3)  IF THE REQUEST IS APPROVED BY THE GOVERNING BODY OF
    20     THE MUNICIPALITY, THEN A RESOLUTION TO THAT EFFECT SHALL BE
    21     FILED WITH THE SECRETARY OF THE COMMONWEALTH, AND THE
    22     SECRETARY SHALL NOTE THE TERMINATION OF THE EXISTENCE ON THE
    23     RECORD OF INCORPORATION AND RETURN THE RESOLUTION WITH HIS OR
    24     HER APPROVAL SHOWN ON THE RESOLUTION TO THE MUNICIPAL
    25     CORPORATION. THEN THE PROPERTY OF THE NIDMA SHALL PASS TO THE
    26     MUNICIPAL CORPORATION, AS THE CASE MAY BE, AND THE NIDMA AND
    27     NID SHALL CEASE TO EXIST.
    28         (4)  ANY REQUEST FOR THE TERMINATION OF THE NID AND NIDMA
    29     BY THE GOVERNING BODY OF THE MUNICIPALITY IN WHICH THE NID IS
    30     LOCATED SHALL RESULT IN A HEARING ON THE MERITS OF SAME,
    20070H1620B4001                 - 26 -     

     1     PURSUANT TO SECTION [5(B)(2)] 305(B)(2) AS IT RELATES TO THE
     2     REQUIRED PROCEDURE FOR HOLDING A HEARING.
     3         (5)  BEFORE THE DECISION TO TERMINATE AN NID AND NIDMA IS
     4     MADE, SUCH TERMINATION MUST BE APPROVED BY 40% OF THE
     5     ASSESSED PROPERTY OWNERS, IN NUMBERS, LOCATED IN THE NID AND
     6     SHALL BE SUBMITTED TO THE GOVERNING BODY OF THE MUNICIPALITY
     7     IN WRITING. SUCH WRITTEN REQUEST SHALL BE CONSIDERED BY THE
     8     GOVERNING BODY OF THE MUNICIPALITY.
     9         (6)  IF THE REQUEST IS APPROVED BY THE GOVERNING BODY OF
    10     THE MUNICIPALITY, THEN A RESOLUTION TO THAT EFFECT SHALL BE
    11     FILED WITH THE SECRETARY OF THE COMMONWEALTH, AND THE
    12     SECRETARY SHALL NOTE THE TERMINATION OF THE EXISTENCE ON THE
    13     RECORD OF INCORPORATION AND RETURN THE RESOLUTION WITH HIS OR
    14     HER APPROVAL SHOWN TO THE MUNICIPAL CORPORATION.
    15         (7)  THE PROPERTY OF THE NIDMA SHALL PASS TO THE
    16     MUNICIPAL CORPORATION, AS THE CASE MAY BE, AND THE NIDMA AND
    17     NID SHALL CEASE TO EXIST.
    18  SECTION [9] 309.  ANNUAL AUDIT; REPORT.
    19     THE NIDMA SHALL ANNUALLY:
    20         (1)  SUBMIT AN AUDIT OF ALL INCOME AND EXPENDITURES TO
    21     THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT AND THE
    22     GOVERNING BODY OF THE MUNICIPALITY IN WHICH THE NID IS
    23     LOCATED WITHIN 120 DAYS AFTER THE END OF EACH FISCAL YEAR;
    24     AND
    25         (2)  SUBMIT A REPORT, INCLUDING FINANCIAL AND
    26     PROGRAMMATIC INFORMATION, INCLUDING A SUMMARY OF AUDIT
    27     FINDINGS, TO THE GOVERNING BODY OF THE MUNICIPALITY IN WHICH
    28     THE NID IS LOCATED AND TO ALL ASSESSED PROPERTY OWNERS
    29     LOCATED IN THE NID.
    30  SECTION [10] 310.  APPLICABILITY.
    20070H1620B4001                 - 27 -     

     1     (A)  EXISTING DISTRICTS.--EXCEPT AS PROVIDED FOR IN
     2  SUBSECTION (D), ANY EXISTING BUSINESS IMPROVEMENT DISTRICT OR
     3  DOWNTOWN IMPROVEMENT DISTRICT ESTABLISHED PRIOR TO [THE
     4  EFFECTIVE DATE OF THIS ACT] FEBRUARY 19, 2001, SHALL REMAIN IN
     5  EXISTENCE AND SHALL BE GOVERNED BY THE [ACT OF MAY 2, 1945
     6  (P.L.382, NO.164), KNOWN AS THE] MUNICIPALITY AUTHORITIES ACT
     7  [OF 1945], INSOFAR AS IT RELATES TO BUSINESS IMPROVEMENT
     8  DISTRICTS OR 53 PA.C.S. CH. 54 (RELATING TO BUSINESS IMPROVEMENT
     9  DISTRICTS).
    10     (B)  DISTRICTS CREATED SUBSEQUENTLY.--ANY NID ESTABLISHED
    11  SUBSEQUENT TO [THE EFFECTIVE DATE OF THIS ACT] FEBRUARY 19,
    12  2001, SHALL BE GOVERNED BY THE PROVISIONS OF THIS [ACT] CHAPTER.
    13     (C)  PREVIOUSLY TERMINATED DISTRICTS.--ANY BUSINESS
    14  IMPROVEMENT DISTRICT OR DOWNTOWN IMPROVEMENT DISTRICT IN
    15  EXISTENCE PRIOR TO [THE EFFECTIVE DATE OF THIS ACT] FEBRUARY 19,
    16  2001, WHICH IS TERMINATED SHALL, UPON ITS REESTABLISHMENT, BE
    17  GOVERNED BY THE PROVISIONS OF THIS [ACT] CHAPTER. THIS SHALL
    18  INCLUDE ANY TERMINATION RESULTING FROM A SUNSET PROVISION IN ANY
    19  MUNICIPAL AGREEMENT OR ORDINANCE.
    20     (D)  ADDITIONAL REQUIREMENTS.--ANY BUSINESS IMPROVEMENT
    21  DISTRICT OR DOWNTOWN IMPROVEMENT DISTRICT IN EXISTENCE ON [THE
    22  EFFECTIVE DATE OF THIS ACT] FEBRUARY 19, 2001, SHALL:
    23         (1)  BE REQUIRED TO CARRY OUT ANY DUTY OR RESPONSIBILITY
    24     IMPOSED ON NIDS UNDER THIS [ACT] CHAPTER; AND
    25         (2)  POSSESS ANY ADDITIONAL POWER GIVEN TO NIDS UNDER
    26     THIS [ACT] CHAPTER WITHOUT HAVING TO RESTRUCTURE OR
    27     REORGANIZE UNDER THIS [ACT] CHAPTER.
    28     SECTION 7.  THE ACT IS AMENDED BY ADDING A CHAPTER TO READ:
    29                             CHAPTER 5
    30             CASINO NEIGHBORHOOD IMPROVEMENT DISTRICTS
    20070H1620B4001                 - 28 -     

     1  SECTION 501.  SCOPE OF CHAPTER.
     2     THIS CHAPTER RELATES TO CASINO NEIGHBORHOOD IMPROVEMENT
     3  DISTRICTS.
     4  SECTION 502.  DEFINITIONS.
     5     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
     6  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
     7  CONTEXT CLEARLY INDICATES OTHERWISE:
     8     "AUTHORITY."  A BODY POLITIC AND CORPORATE, AS ESTABLISHED IN
     9  ACCORDANCE WITH 53 PA.C.S. CH. 56 (RELATING TO MUNICIPAL
    10  AUTHORITIES).
    11     "BENEFITED PROPERTY."  PROPERTIES LOCATED WITHIN A CASINO
    12  NEIGHBORHOOD IMPROVEMENT DISTRICT WHICH PROFIT FROM DISTRICT
    13  IMPROVEMENTS BASED ON A RATIONAL NEXUS TEST. PROPERTIES NEED NOT
    14  PROFIT EQUALLY TO BE CONSIDERED TO HAVE BENEFITED. THE TERM DOES
    15  NOT INCLUDE ANY PROPERTY WITHIN A CASINO NEIGHBORHOOD
    16  IMPROVEMENT DISTRICT ON WHICH A CASINO IS SITUATED.
    17     "CASINO."  A LICENSED GAMING FACILITY.
    18     "CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT" OR "CNID."  A
    19  LIMITED GEOGRAPHIC AREA WITHIN A MUNICIPALITY IN WHICH A CASINO
    20  IS SITUATED, IN WHICH A SPECIAL ASSESSMENT IS LEVIED ON SUCH
    21  FACILITIES AND OTHER DESIGNATED PROPERTY, OTHER THAN RESIDENTIAL
    22  AND TAX-EXEMPT PROPERTY, ON WHICH A SPECIAL PROPERTY ASSESSMENT
    23  FEE MAY BE LEVIED, FOR THE FOLLOWING PURPOSES:
    24         (1)  PROMOTING THE ECONOMIC AND GENERAL WELFARE OF THE
    25     DISTRICT AND THE MUNICIPALITY.
    26         (2)  MITIGATING THE IMPACT OF HOSTING A CASINO ON THE
    27     CITIZENS AND NEIGHBORHOODS OF THE MUNICIPALITY.
    28  NEITHER A CASINO NOR ANY DESIGNATED PROPERTY MAY BE INCLUDED IN
    29  MORE THAN ONE CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT.
    30     "CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT
    20070H1620B4001                 - 29 -     

     1  ASSOCIATION" OR "CNIDMA."  THE GOVERNING BODY WHICH OVERSEES THE
     2  MANAGEMENT OF CASINO NEIGHBORHOOD IMPROVEMENT DISTRICTS IN A
     3  MUNICIPALITY IN ACCORDANCE WITH SECTION 505. THE BODY SHALL BE
     4  ESTABLISHED EITHER AS A NONPROFIT CORPORATION IN THIS
     5  COMMONWEALTH OR AS AN AUTHORITY ESTABLISHED IN ACCORDANCE WITH
     6  53 PA.C.S. CH. 56 (RELATING TO MUNICIPAL AUTHORITIES).
     7     "CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT PLAN" OR "CNIDP."
     8  THE STRATEGIC PLAN FOR NEIGHBORHOOD IMPROVEMENTS REQUIRED UNDER
     9  SECTION 505 AND ALL PROJECTS, PROGRAMS AND SUPPLEMENTAL SERVICES
    10  TO BE PROVIDED WITHIN THE CASINO NEIGHBORHOOD IMPROVEMENT
    11  DISTRICT TO IMPLEMENT THE PLAN BY THE CASINO NEIGHBORHOOD
    12  IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATION.
    13     "CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT SERVICES."  IN THE
    14  CASE OF CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT
    15  ASSOCIATIONS ESTABLISHED FOR THE PURPOSE OF MAKING IMPROVEMENTS
    16  OR PROVIDING EXPANDED SERVICES WITHIN ANY CASINO NEIGHBORHOOD
    17  IMPROVEMENT DISTRICT, THE TERM INCLUDES, BUT IS NOT LIMITED TO,
    18  SERVICES WHICH IMPROVE THE ABILITY OF THE COMMERCIAL
    19  ESTABLISHMENTS WITHIN THE DISTRICT TO SERVE THE CONSUMER, SUCH
    20  AS FREE OR REDUCED-FEE PARKING FOR CUSTOMERS, TRANSPORTATION-
    21  RELATED EXPENSES, PUBLIC RELATIONS PROGRAMS, GROUP ADVERTISING
    22  AND DISTRICT MAINTENANCE AND SECURITY SERVICES. FOR SERVICES
    23  PROVIDED WITHIN ANY RESIDENTIAL, INDUSTRIAL, INSTITUTIONAL OR
    24  MIXED-USE CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT, THE TERM
    25  INCLUDES, BUT IS NOT LIMITED TO, SERVICES WHICH IMPROVE THE
    26  ABILITY OF PROPERTY OWNERS TO ENJOY A SAFER AND MORE ATTRACTIVE
    27  COMMUNITY THROUGH THE PROVISION OF INCREASED OR EXPANDED
    28  SERVICES, INCLUDING STREET LIGHTING, STREET CLEANING, STREET
    29  MAINTENANCE, PARKS, RECREATIONAL EQUIPMENT AND FACILITIES, OPEN
    30  SPACE AND SECURITY SERVICES.
    20070H1620B4001                 - 30 -     

     1     "COMMERCIAL."  RELATING TO OR ASSOCIATED WITH ANY FOR-PROFIT
     2  ACTIVITY INVOLVING TRADE, TRAFFIC OR COMMERCE IN GENERAL.
     3     "COST OF IMPROVEMENTS."  THE TERM INCLUDES ARCHITECTURAL
     4  FEES, ENGINEERING FEES, ATTORNEY FEES, CONSULTING FEES,
     5  PROFESSIONAL FEES, PRELIMINARY PLANNING EXPENDITURES,
     6  FEASIBILITY STUDY EXPENDITURES, FINANCING COSTS AND ANY OTHER
     7  EXPENDITURES NECESSARY AND INCIDENTAL TO THE DEVELOPMENT,
     8  CONSTRUCTION OR COMPLETION OF THE IMPROVEMENT.
     9     "DISTRICT ADVISORY COUNCIL" OR "DAC."  A COMMITTEE OF
    10  PROPERTY OWNERS FROM A CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT
    11  ESTABLISHED UNDER SECTION 505 FOR THE PURPOSE OF PROVIDING
    12  GUIDANCE AND DIRECTION TO THE CASINO NEIGHBORHOOD IMPROVEMENT
    13  DISTRICT MANAGEMENT ASSOCIATION CONCERNING ASSOCIATION
    14  ACTIVITIES WITHIN THE DISTRICT.
    15     "IMPROVEMENT."  IN THE CASE OF CASINO NEIGHBORHOOD
    16  IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATIONS CREATED FOR THE
    17  PURPOSE OF MAKING IMPROVEMENTS OR PROVIDING ADMINISTRATIVE
    18  SERVICES WITHIN A CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT, THE
    19  TERM SHALL MEAN THOSE IMPROVEMENTS NEEDED IN SPECIFIC AREAS OR
    20  TO INDIVIDUAL PROPERTIES, INCLUDING, BUT NOT LIMITED TO,
    21  SIDEWALKS, RETAINING WALLS, STREET PAVING, PARKS, RECREATIONAL
    22  EQUIPMENT AND FACILITIES, OPEN SPACES, STREET LIGHTING, PARKING
    23  LOTS, PARKING GARAGES, TREES AND SHRUBBERY, PEDESTRIAN WALKS,
    24  SEWERS, WATER LINES, REST AREAS AND THE ACQUISITION AND
    25  REHABILITATION OR DEMOLITION OF BLIGHTED BUILDINGS OR
    26  STRUCTURES.
    27     "INDUSTRIAL DISTRICT."  A LIMITED GEOGRAPHIC AREA COMPRISING
    28  REAL PROPERTY WHICH IS USED PREDOMINANTLY FOR MANUFACTURING,
    29  COMMERCIAL OR ANY OTHER ACTIVITY RELATED TO THE DISTRIBUTION OF
    30  GOODS AND SERVICES AND TO INTERMEDIATE AND FINAL PRODUCTS,
    20070H1620B4001                 - 31 -     

     1  INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
     2         (1)  WAREHOUSING.
     3         (2)  SHIPPING.
     4         (3)  TRANSPORTATION.
     5         (4)  REMANUFACTURING.
     6         (5)  STOCKPILING OF RAW MATERIALS.
     7         (6)  REPAIR AND MAINTENANCE OF MACHINERY AND EQUIPMENT.
     8         (7)  STORAGE.
     9         (8)  ADMINISTRATION OR BUSINESS ACTIVITIES.
    10         (9)  RESEARCH AND DEVELOPMENT.
    11     "INSTITUTION."  THE TERM INCLUDES, BUT IS NOT LIMITED TO,
    12  COLLEGES, UNIVERSITIES, SCHOOLS, HOSPITALS, MUSEUMS, THEATERS,
    13  CHURCHES, SYNAGOGUES, ART CENTERS OR SIMILAR FACILITIES.
    14     "INSTITUTIONAL DISTRICT."  A LIMITED GEOGRAPHIC AREA
    15  COMPRISED PREDOMINANTLY OF REAL PROPERTY ON WHICH EDUCATIONAL,
    16  HEALTH-RELATED OR CULTURAL ACTIVITIES OCCUR WITHIN BUILDINGS AND
    17  STRUCTURES, INCLUDING, BUT NOT LIMITED TO, COLLEGES,
    18  UNIVERSITIES, SCHOOLS, HOSPITALS, MUSEUMS, THEATERS, CHURCHES,
    19  SYNAGOGUES AND ART CENTERS.
    20     "MIXED-USE DISTRICT."  A LIMITED GEOGRAPHIC AREA COMPRISED OF
    21  REAL PROPERTY USED FOR ANY OR ALL PURPOSES CONTAINED WITHIN A
    22  BUSINESS, RESIDENTIAL, INDUSTRIAL OR INSTITUTIONAL DISTRICT.
    23     "MUNICIPAL CORPORATION."  THE BODY OR BOARD AUTHORIZED BY LAW
    24  TO ENACT ORDINANCES AND ADOPT RESOLUTIONS ON BEHALF OF THE
    25  MUNICIPALITY IT IS ELECTED OR APPOINTED TO REPRESENT.
    26     "MUNICIPALITY."  ANY CITY, BOROUGH, INCORPORATED TOWN OR
    27  TOWNSHIP LOCATED WITHIN THIS COMMONWEALTH IN WHICH A CASINO IS
    28  SITUATED.
    29     "MUNICIPALITY AUTHORITIES ACT."  53 PA.C.S. CH. 56 (RELATING
    30  TO MUNICIPAL AUTHORITIES).
    20070H1620B4001                 - 32 -     

     1     "NONPROFIT CORPORATION."  A LEGAL ENTITY THAT IS INCORPORATED
     2  WITHIN THIS COMMONWEALTH AND SPECIFIES IN ITS CHARTER OR BYLAWS
     3  THAT NO PART OF THE NET EARNINGS MAY BENEFIT ANY PRIVATE
     4  SHAREHOLDER OR INDIVIDUAL HOLDING INTEREST IN SUCH ENTITY.
     5     "PRIVATE SECURITY OFFICER."  ANY PERSON OR FIRM EMPLOYED BY
     6  THE CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT
     7  ASSOCIATION FOR THE PURPOSE OF PROVIDING INCREASED SECURITY OR
     8  PROTECTIVE PATROL SERVICES WITHIN THE CASINO NEIGHBORHOOD
     9  IMPROVEMENT DISTRICT. THE TERM MAY INCLUDE OFF-DUTY POLICE
    10  OFFICERS PROVIDED THAT THE USE OF SUCH OFFICERS FOR THIS PURPOSE
    11  IS APPROVED BY THE GOVERNING BODY OF THE MUNICIPALITY IN WHICH
    12  THE CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT IS LOCATED OR THE
    13  MUNICIPALITY WHERE THE OFFICER IS EMPLOYED IF DIFFERENT.
    14     "PROJECT."  THE ACQUISITION, DEVELOPMENT, CONSTRUCTION,
    15  IMPROVEMENT, REHABILITATION, OPERATION AND MAINTENANCE OF ANY
    16  BUILDING, FACILITY, EQUIPMENT OR STRUCTURE, BY PURCHASE, LEASE
    17  OR CONTRACT, BY A CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT
    18  MANAGEMENT ASSOCIATION TO FACILITATE NEIGHBORHOOD IMPROVEMENTS
    19  AS AUTHORIZED UNDER THIS CHAPTER.
    20     "RATIONAL NEXUS."  THE LEGAL PRINCIPLE WHICH REQUIRES THAT
    21  THERE IS A RATIONAL, DEFINABLE BENEFIT WHICH ACCRUES TO ANY
    22  PROPERTY OWNER ASSESSED A FEE FOR SUCH BENEFIT IN A CASINO
    23  NEIGHBORHOOD IMPROVEMENT DISTRICT CREATED UNDER THIS CHAPTER.
    24  ALL PROPERTY OWNERS WITHIN A DESIGNATED CASINO NEIGHBORHOOD
    25  IMPROVEMENT DISTRICT PAYING A SPECIAL PROPERTY ASSESSMENT FEE
    26  MUST BENEFIT DIRECTLY OR INDIRECTLY FROM FACILITIES OR SERVICES
    27  PROVIDED BY A CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT
    28  MANAGEMENT ASSOCIATION WITHIN THE CASINO NEIGHBORHOOD
    29  IMPROVEMENT DISTRICT, PROVIDED, HOWEVER, THAT PROPERTY OWNERS
    30  NEED NOT BENEFIT EQUALLY.
    20070H1620B4001                 - 33 -     

     1     "REGIONAL ATTRACTIONS MARKETING AGENCY."  THE AGENCY
     2  DESIGNATED BY THE MUNICIPAL CORPORATION IN WHICH THE CASINO
     3  NEIGHBORHOOD IMPROVEMENT DISTRICT IS LOCATED TO SERVE AS THE
     4  REGIONAL MARKETING ORGANIZATION FOR TOURISM AND RELATED MATTERS.
     5     "RESIDENTIAL DISTRICT."  A LIMITED GEOGRAPHICAL AREA
     6  COMPRISED OF REAL PROPERTY CONSISTING PREDOMINANTLY OF BUILDINGS
     7  FOR HOUSING INDIVIDUALS AND FAMILIES.
     8     "SERVICE AREA."  THE AREA WITHIN THE BOUNDARIES OF THE CASINO
     9  NEIGHBORHOOD IMPROVEMENT DISTRICT ESTABLISHED BY A MUNICIPALITY
    10  UNDER THIS CHAPTER IN WHICH THE CASINO NEIGHBORHOOD IMPROVEMENT
    11  DISTRICT MANAGEMENT ASSOCIATION PROVIDES PROGRAMS, SERVICES AND
    12  IMPROVEMENTS. THE TERM MAY ALSO INCLUDE AN AREA OUTSIDE THE
    13  CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT WHERE SERVICES ARE
    14  BEING PROVIDED BY THE CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT
    15  MANAGEMENT ASSOCIATION UNDER CONTRACT.
    16     "SPECIAL ASSESSMENT FEE."  THE FEE ASSESSED ON PROPERTY
    17  OWNERS WITHIN A CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT, LEVIED
    18  BY THE MUNICIPALITY ESTABLISHING A CASINO NEIGHBORHOOD
    19  IMPROVEMENT DISTRICT UNDER SECTION 504, FOR THE PURPOSES OF
    20  PROVIDING PROGRAMS, IMPROVEMENTS AND SERVICES UNDER SECTION 507.
    21     "SUNSET PROVISION."  A PROVISION IN THE CASINO NEIGHBORHOOD
    22  IMPROVEMENT DISTRICT PLAN UNDER SECTION 505 WHICH PROVIDES FOR
    23  THE AUTOMATIC TERMINATION OF THE CASINO NEIGHBORHOOD IMPROVEMENT
    24  DISTRICT ON A DATE SPECIFIED IN THE CASINO NEIGHBORHOOD
    25  IMPROVEMENT DISTRICT PLAN AND IN THE MUNICIPAL ORDINANCE
    26  ESTABLISHING THE CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT. THE
    27  CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT MAY BE CONTINUED BEYOND
    28  THAT DATE, PROVIDED THE MUNICIPAL ENABLING ORDINANCE CREATING
    29  THE ORIGINAL CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT IS
    30  REENACTED, FOLLOWING A REVIEW OF THE CASINO NEIGHBORHOOD
    20070H1620B4001                 - 34 -     

     1  IMPROVEMENT DISTRICT AND THE CASINO NEIGHBORHOOD IMPROVEMENT
     2  DISTRICT MANAGEMENT ASSOCIATION PROGRAMS AND SERVICES PROVIDED
     3  WITHIN THE CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT BY THE
     4  MUNICIPALITY.
     5  SECTION 503.  LEGISLATIVE FINDINGS.
     6     THE GENERAL ASSEMBLY FINDS THAT:
     7         (1)  A MUNICIPALITY WITHIN THIS COMMONWEALTH CONTAINING A
     8     LICENSED GAMING FACILITY WITHIN ITS BOUNDARIES WILL BENEFIT
     9     FROM HAVING AN AREA WITHIN ITS BOUNDARIES DESIGNATED AS A
    10     CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT.
    11         (2)  A CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT
    12     MANAGEMENT ASSOCIATION SHALL PROVIDE ADMINISTRATIVE SERVICES
    13     AND OTHER BENEFITS TO BUSINESSES, EMPLOYEES, RESIDENTS AND
    14     CONSUMERS IN ITS CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT IN
    15     ORDER TO MITIGATE THE IMPACT OF HOSTING A LICENSED GAMING
    16     FACILITY ON THE CITIZENS AND NEIGHBORHOODS OF THE
    17     MUNICIPALITY AND TO ASSIST A MUNICIPALITY IN PROMOTING
    18     ECONOMIC GROWTH, DEVELOPMENT AND EMPLOYMENT.
    19         (3)  A SPECIAL ASSESSMENT MAY BE IMPOSED AND COLLECTED BY
    20     THE MUNICIPALITY ON THE OWNERS OF THE CASINO SITUATED WITHIN
    21     THE CNID AND TRANSFERRED TO THE CNIDMA TO ACHIEVE THE GOALS
    22     OF THIS CHAPTER AND TO EXERCISE THE POWERS GIVEN TO THE
    23     ASSOCIATION BY THIS CHAPTER.
    24         (4)  A SPECIAL PROPERTY ASSESSMENT FEE MAY BE IMPOSED AND
    25     COLLECTED BY A MUNICIPALITY WITH THE PROPERTY TAX PAYMENT OR
    26     PAYMENT IN LIEU OF TAXES OR OTHERWISE ON DESIGNATED PROPERTY,
    27     AND ALL OF SUCH PAYMENTS SHALL BE TRANSFERRED TO THE CASINO
    28     NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATION TO
    29     ACHIEVE THE GOALS OF THIS CHAPTER AND TO EXERCISE THE POWERS
    30     GIVEN TO SUCH AN ASSOCIATION BY THIS CHAPTER.
    20070H1620B4001                 - 35 -     

     1         (5)  IT IS IN THE BEST INTEREST OF THE MUNICIPALITY AND
     2     THE PUBLIC TO CREATE A CASINO NEIGHBORHOOD IMPROVEMENT
     3     DISTRICT AND TO DESIGNATE A CASINO NEIGHBORHOOD IMPROVEMENT
     4     DISTRICT MANAGEMENT ASSOCIATION.
     5         (6)  THE BUSINESS COMMUNITY SHALL BE ENCOURAGED TO
     6     PROVIDE SELF-HELP AND SELF-FINANCING PROGRAMS TO MEET LOCAL
     7     BUSINESS NEEDS, GOALS AND OBJECTIVES.
     8  SECTION 504.  POWERS OF MUNICIPAL CORPORATION.
     9     EVERY MUNICIPAL CORPORATION SHALL HAVE THE POWER:
    10         (1)  TO ESTABLISH WITHIN THE MUNICIPALITY AN AREA OR
    11     AREAS DESIGNATED AS A CNID.
    12         (2)  TO ESTABLISH AN AUTHORITY OR MANAGEMENT ASSOCIATION
    13     TO ADMINISTER THE CNID.
    14         (3)  TO APPROPRIATE AND EXPEND, IN ACCORDANCE WITH THE
    15     SPECIFIC PROVISIONS OF THE MUNICIPAL ENABLING ORDINANCE,
    16     MUNICIPAL FUNDS AS MAY BE REQUIRED TO:
    17             (I)  ACQUIRE BY PURCHASE OR LEASE REAL OR PERSONAL
    18         PROPERTY DEEMED NECESSARY TO EFFECTUATE THE PURPOSES OF
    19         THE CNID.
    20             (II)  PREPARE OR HAVE PREPARED PRELIMINARY PLANNING
    21         OR FEASIBILITY STUDIES TO DETERMINE NEEDED IMPROVEMENTS
    22         IN A CNID, INCLUDING, BUT NOT LIMITED TO, CAPITAL
    23         IMPROVEMENTS, TRADITIONAL STREETSCAPE AND BUILDING
    24         RENOVATIONS, RETAINING WALLS, STREET PAVING, STREET
    25         LIGHTING, PARKING LOTS, PARKING GARAGES, TREES AND
    26         SHRUBBERY, PEDESTRIAN WALKS, SEWERS, WATER LINES, REST
    27         AREAS, ACQUISITION, REHABILITATION OR DEMOLITION OF
    28         BLIGHTED BUILDINGS AND STRUCTURES, GRAFFITI REMOVAL,
    29         SECURITY, MARKETING, PROMOTIONS, ADVERTISING, BUSINESS
    30         RETENTION AND RECRUITMENT ACTIVITIES, MASTER LEASING AND
    20070H1620B4001                 - 36 -     

     1         PROPERTY MANAGEMENT, JOINT ADVERTISING, RESEARCH AND
     2         PLANNING AS WELL AS THE PROVISION OF ADDITIONAL SERVICES
     3         TO SUPPLEMENT, NOT REPLACE, EXISTING MUNICIPAL SERVICES
     4         PROVIDED WITHIN THE CNID.
     5         (4)  TO ADVANCE FUNDS TO A CNIDMA AS MAY BE REQUIRED TO
     6     CARRY OUT THE PURPOSES OF THIS CHAPTER.
     7         (5)  TO COLLECT SPECIAL PROPERTY ASSESSMENTS ON BEHALF OF
     8     THE CNIDMA LEVIED ON A CASINO AND ON DESIGNATED PROPERTY
     9     OWNERS WITHIN THE CNID AND TO EMPLOY ANY LEGAL METHODS TO
    10     ENSURE COLLECTION OF THE ASSESSMENTS.
    11         (6)  TO ACQUIRE, BY GIFT, PURCHASE OR EMINENT DOMAIN,
    12     LAND, REAL PROPERTY OR RIGHTS-OF-WAY WHICH MAY BE NEEDED FOR
    13     THE PURPOSES OF MAKING PHYSICAL IMPROVEMENTS WITHIN THE CNID.
    14         (7)  TO ISSUE BONDS, NOTES OR GUARANTEES, IN ACCORDANCE
    15     WITH THE PROVISIONS OF GENERAL LAWS IN THE AMOUNTS AND FOR
    16     THE PERIODS NECESSARY TO FINANCE NEEDED IMPROVEMENTS WITHIN
    17     ANY CNID.
    18         (8)  TO REVIEW ALL PROPOSED EXPENDITURES OF FUNDS WITHIN
    19     CNIDS BY CNIDMAS AND SUGGEST CHANGES TO SAME WHERE A
    20     NONPROFIT CORPORATION IS THE CNIDMA.
    21         (9)  TO INCLUDE A SUNSET PROVISION OF NO LESS THAN FIVE
    22     YEARS IN THE MUNICIPAL ENABLING ORDINANCE CREATING THE CNID
    23     AND IN THE CONTRACT WITH THE CNIDMA.
    24         (10)  TO LEVY AN ASSESSMENT FEE ON A CASINO AS WELL AS ON
    25     PROPERTY OWNERS LOCATED WITHIN A CNID NEEDED TO FINANCE
    26     ADDITIONAL SUPPLEMENTAL PROGRAMS, SERVICES AND IMPROVEMENTS
    27     TO BE PROVIDED OR MADE BY THE CNIDMA.
    28  SECTION 505.  CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT.
    29     (A)  ESTABLISHMENT.--
    30         (1)  THE GOVERNING BODY OF A MUNICIPALITY OR ANY
    20070H1620B4001                 - 37 -     

     1     MUNICIPAL BUSINESSES OR RESIDENTS OR COMBINATION THEREOF MAY
     2     INITIATE ACTION TO ESTABLISH A CNID OR CNIDS WITHIN THE
     3     MUNICIPALITY UNDER THIS CHAPTER.
     4         (2)  IN THE CASE OF BUSINESSES OR RESIDENTS OR BOTH
     5     DESIRING TO ESTABLISH A CNID WHERE THE MUNICIPALITY HAS NOT
     6     TAKEN ACTION TO DO SO, THE GOVERNING BODY OF THE MUNICIPALITY
     7     MAY BE PETITIONED TO ESTABLISH A CNID UNDER THE PROCEDURES
     8     PROVIDED FOR UNDER THIS CHAPTER.
     9     (B)  SPECIFIC PROCEDURES.--
    10         (1)  A COPY OF ALL INFORMATION REQUIRED UNDER THIS
    11     SECTION, AS WELL AS THE DATE, LOCATION AND TIME OF ANY PUBLIC
    12     HEARING REQUIRED UNDER THIS CHAPTER, SHALL BE PROVIDED BY THE
    13     MUNICIPAL CORPORATION TO ALL PROPERTY OWNERS AND LESSEES OF
    14     PROPERTY LOCATED IN THE PROPOSED CNID AT LEAST 30 DAYS PRIOR
    15     TO THE FIRST PUBLIC HEARING REQUIRED UNDER THIS SECTION.
    16         (2)  AT LEAST ONE PUBLIC HEARING FOR THE PURPOSE OF
    17     RECEIVING PUBLIC COMMENT FROM AFFECTED PROPERTY OWNERS WITHIN
    18     THE PROPOSED CNID ON THE PROPOSED CNIDP SHALL BE HELD BY THE
    19     MUNICIPALITY BEFORE THE ESTABLISHMENT OF A CNID. NOTICE OF
    20     THE HEARING SHALL BE ADVERTISED AT LEAST TEN DAYS PRIOR
    21     THERETO IN A NEWSPAPER OF GENERAL CIRCULATION IN THE
    22     MUNICIPALITY.
    23         (3)  ANY OBJECTIONS BY PROPERTY OWNERS WITHIN THE
    24     PROPOSED CNID MUST BE MADE IN WRITING AND SIGNED BY THE
    25     PROPERTY OWNERS AND FILED IN THE OFFICE OF THE CLERK FOR THE
    26     MUNICIPAL CORPORATION OF THE MUNICIPALITY IN WHICH THE CNID
    27     IS PROPOSED.
    28     (C)  CONTENTS OF PRELIMINARY PLAN.--THE PRELIMINARY PLAN
    29  SHALL INCLUDE THE FOLLOWING:
    30         (1)  A MAP INDICATING THE BOUNDARIES, BY STREET, OF THE
    20070H1620B4001                 - 38 -     

     1     PROPOSED CNID.
     2         (2)  A WRITTEN REPORT FROM THE MUNICIPALITY CONTAINING:
     3             (I)  THE NAME OF THE PROPOSED DISTRICT.
     4             (II)  A DETAILED DESCRIPTION OF THE SERVICE AREAS OF
     5         THE PROPOSED DISTRICT.
     6             (III)  THE NAME OF THE CASINO TO BE ASSESSED.
     7             (IV)  A LIST OF ALL OTHER PROPERTIES TO BE ASSESSED.
     8             (V)  A LIST OF PROPOSED IMPROVEMENTS WITHIN THE CNID
     9         AND THEIR ESTIMATED COST.
    10             (VI)  A PROPOSED BUDGET FOR THE FIRST FISCAL YEAR,
    11         INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
    12                 (A)  PERSONNEL AND ADMINISTRATION;
    13                 (B)  PROGRAMS AND SERVICES;
    14                 (C)  MAINTENANCE AND OPERATION; AND
    15                 (D)  CAPITAL EXPENDITURES.
    16             (VII)  THE PROPOSED REVENUE SOURCES FOR FINANCING ALL
    17         PROPOSED IMPROVEMENTS, PROGRAMS AND SERVICES.
    18             (VIII)  THE ESTIMATED TIME FOR IMPLEMENTATION AND
    19         COMPLETION OF ALL PROPOSED IMPROVEMENTS, PROGRAMS AND
    20         SERVICES.
    21             (IX)  A STATEMENT IDENTIFYING THE ADMINISTRATIVE BODY
    22         WHICH WILL GOVERN AND ADMINISTER THE CNID.
    23             (X)  ANY OTHER INFORMATION, INCLUDING THE STATUTORY
    24         AUTHORITY OR, IN THE CASE OF A NONPROFIT CORPORATION, THE
    25         BYLAWS, WHICH DESCRIBE THE POWERS AND DUTIES OF AND THE
    26         METHOD FOR MAKING DECISIONS BY THE CNIDMA.
    27             (XI)  THE METHOD OF DETERMINING THE AMOUNT OF THE
    28         ASSESSMENT FEE TO BE LEVIED ON PROPERTY OWNERS WITHIN THE
    29         CNID UNDER SECTION 507.
    30     (D)  ADDITIONAL PLAN PROVISIONS.--THE PLAN SHALL ALSO PROVIDE
    20070H1620B4001                 - 39 -     

     1  FOR THE FOLLOWING:
     2         (1)  DETAILS OF THE SPECIFIC DUTIES AND RESPONSIBILITIES
     3     OF BOTH THE CNIDMA AND THE MUNICIPAL CORPORATION WITH RESPECT
     4     TO THE CNID.
     5         (2)  A REQUIREMENT THAT A WRITTEN AGREEMENT BE SIGNED BY
     6     THE MUNICIPAL CORPORATION AND THE CNIDMA WHICH:
     7             (I)  DESCRIBES IN DETAIL THEIR RESPECTIVE DUTIES AND
     8         RESPONSIBILITIES;
     9             (II)  PROVIDES THAT THE MUNICIPALITY MUST MAINTAIN
    10         THE SAME LEVEL OF MUNICIPAL PROGRAMS AND SERVICES
    11         PROVIDED WITHIN THE CNID AFTER CNID DESIGNATION AS BEFORE
    12         CNID DESIGNATION; AND
    13             (III)  PROVIDES THAT THE MUNICIPALITY ESTABLISHING A
    14         CNID SHALL BE RESPONSIBLE FOR THE COLLECTION OF ALL
    15         PROPERTY ASSESSMENT FEES LEVIED WITHIN THE CNID IF SO
    16         DESIRED BY THE CNIDMA.
    17         (3)  INCENTIVES FOR TAX-EXEMPT PROPERTY OWNERS LOCATED
    18     WITHIN THE CNID TO PROVIDE IN-KIND SERVICES OR A FINANCIAL
    19     CONTRIBUTION TO THE CNIDMA, IF NOT ASSESSED, IN LIEU OF A
    20     PROPERTY ASSESSMENT FEE.
    21         (4)  A SUNSET PROVISION OF NO LESS THAN FIVE YEARS FOR
    22     RENEWAL OF THE AGREEMENT.
    23         (5)  THE PROCEDURE BY WHICH AFFECTED PROPERTY OWNERS,
    24     WITH THE EXCEPTION OF THE OWNERS OF THE CASINO SITUATED
    25     WITHIN THE CNID, MAY DEFEAT A PROPOSAL TO ESTABLISH A CNID,
    26     AS FOLLOWS:
    27             (I)  A NEGATIVE VOTE OF AT LEAST 51% OF THE PROPERTY
    28         OWNERS WITHIN THE CNID OR PROPERTY OWNERS WITHIN THE CNID
    29         WHOSE PROPERTY VALUATION AS ASSESSED FOR TAXABLE PURPOSES
    30         AMOUNTS TO 51% OF THE TOTAL PROPERTY VALUATION LOCATED
    20070H1620B4001                 - 40 -     

     1         WITHIN THE CNID PROPOSED IN THE FINAL PLAN SHALL BE
     2         REQUIRED TO DEFEAT THE ESTABLISHMENT OF THE PROPOSED
     3         CNID; AND
     4             (II)  THOSE OBJECTING TO THE ESTABLISHMENT OF A CNID
     5         SHALL FILE OBJECTIONS WITH THE CLERK FOR THE MUNICIPAL
     6         CORPORATION WITHIN 45 DAYS OF PRESENTATION OF THE FINAL
     7         PLAN WHERE THE GOVERNING BODY OF THE MUNICIPALITY IS
     8         INCLINED TO ESTABLISH A CNID.
     9     (E)  FINAL PLAN.--PRIOR TO THE ESTABLISHMENT OF A CNID, THE
    10  MUNICIPALITY SHALL SUBMIT A REVISED FINAL PLAN TO PROPERTY
    11  OWNERS LOCATED WITHIN THE PROPOSED CNID WHICH INCORPORATES
    12  CHANGES MADE TO THE PLAN BASED ON COMMENTS FROM AFFECTED
    13  PROPERTY OWNERS WITHIN THE CNID PROVIDED AT THE PUBLIC HEARINGS
    14  OR AT SOME OTHER TIME. CHANGES TO THE FINAL PLAN WHICH DIFFER
    15  FROM THE PRELIMINARY PLAN SHALL BE INDICATED IN AN EASILY
    16  DISCERNIBLE METHOD FOR THE READER, INCLUDING, BUT NOT LIMITED
    17  TO, CHANGES BEING IN BOLDFACE OR ITALIC TYPE.
    18     (F)  PUBLIC HEARING.--AT LEAST ONE PUBLIC HEARING FOR THE
    19  PURPOSE OF RECEIVING PUBLIC COMMENT ON ANY REVISIONS TO THE
    20  PRELIMINARY PLAN MADE FOLLOWING SUGGESTIONS BY AFFECTED PROPERTY
    21  OWNERS WITHIN THE PROPOSED CNID AND REFLECTED IN THE FINAL CNIDP
    22  SHALL BE HELD BY THE MUNICIPAL CORPORATION BEFORE ENACTING AN
    23  ORDINANCE ESTABLISHING A CNID. NOTICE OF THE HEARING SHALL BE
    24  ADVERTISED AT LEAST TEN DAYS PRIOR THERETO IN A NEWSPAPER OF
    25  GENERAL CIRCULATION IN THE MUNICIPALITY.
    26     (G)  VETO OF FINAL PLAN FOR CNID.--
    27         (1)  FOLLOWING THE LAST PUBLIC HEARING REQUIRED UNDER
    28     SUBSECTION (F), OR UNDER SUBSECTION (H) IF AN AMENDMENT TO
    29     THE FINAL PLAN IS FILED, AFFECTED PROPERTY OWNERS LOCATED
    30     WITHIN A PROPOSED CNID, EXCEPTING THE OWNER OF THE CASINO,
    20070H1620B4001                 - 41 -     

     1     SHALL HAVE 45 DAYS FROM THE DATE OF THE HEARING TO OBJECT TO
     2     AND DISAPPROVE THE FINAL PLAN OR ANY AMENDMENT TO THE FINAL
     3     PLAN UNDER THE REQUIREMENTS OF SUBSECTION (B)(3).
     4         (2)  IF 51% OR MORE OF THE AFFECTED PROPERTY OWNERS, OR
     5     PROPERTY OWNERS WHOSE PROPERTY VALUATION AS ASSESSED FOR
     6     TAXABLE PURPOSES AMOUNTS TO 51% OF THE TOTAL PROPERTY
     7     VALUATION WITHIN THE PROPOSED CNID, EXCLUDING IN BOTH
     8     CIRCUMSTANCES THE OWNER OF THE CASINO, FAIL TO REGISTER THEIR
     9     DISAPPROVAL OF THE FINAL PLAN OR AMENDMENT TO THE FINAL PLAN
    10     IN WRITING WITH THE CLERK OF THE MUNICIPAL CORPORATION OF THE
    11     MUNICIPALITY IN WHICH THE CNID IS PROPOSED, THE MUNICIPAL
    12     CORPORATION OF THE MUNICIPALITY MAY, FOLLOWING THE 45-DAY
    13     PERIOD, ENACT A MUNICIPAL ORDINANCE ESTABLISHING A CNID UNDER
    14     THIS CHAPTER OR, IN THE CASE OF AN AMENDMENT TO THE FINAL
    15     PLAN, ADOPT ANY AMENDMENTS TO THE ORDINANCE.
    16     (H)  AMENDMENTS TO FINAL PLAN.--
    17         (1)  THE FINAL PLAN MAY BE AMENDED BY THE CNIDMA ANY TIME
    18     AFTER THE ESTABLISHMENT OF A CNID, PURSUANT TO THE PROVISIONS
    19     OF THIS CHAPTER, UPON THE RECOMMENDATION OF THE CNIDMA BOARD,
    20     PROVIDED THERE IS CONCURRENCE WITH THE OWNERS, EXCLUDING THE
    21     OWNERS OF THE CASINO SITUATED WITHIN THE CNID, OF AT LEAST
    22     51% OF THE ASSESSED VALUATION OF ALL PROPERTY WITHIN THE CNID
    23     OR 51% OF THE PROPERTY OWNERS WITHIN THE CNID.
    24         (2)  AMENDMENTS TO THE FINAL PLAN WHICH ALSO REQUIRE THE
    25     APPROVAL OF THE MUNICIPAL CORPORATION OF THE MUNICIPALITY
    26     ESTABLISHING THE CNID INCLUDE:
    27             (I)  SUBSTANTIALLY CHANGED OR ADDED PROGRAMS,
    28         IMPROVEMENTS AND SERVICES TO BE PROVIDED IN THE CNID.
    29             (II)  INCREASED EXPENDITURES AFFECTING MORE THAN 25%
    30         OF THE TOTAL CNIDMA BUDGET FOR THE FISCAL YEAR.
    20070H1620B4001                 - 42 -     

     1             (III)  INCURRING INCREASED INDEBTEDNESS.
     2             (IV)  CHANGING THE ASSESSMENT FEE STRUCTURE LEVIED ON
     3         PROPERTY OWNERS IN THE CNID.
     4             (V)  CHANGING THE LEGAL ENTITY, CNIDMA, WHICH
     5         PROVIDES PROGRAMS, IMPROVEMENTS AND SERVICES WITHIN THE
     6         CNID.
     7             (VI)  CHANGING THE CNID SERVICE AREA BOUNDARIES PRIOR
     8         TO THE MUNICIPAL CORPORATION OF THE MUNICIPALITY
     9         APPROVING ANY OF THE CHANGES IN THIS PARAGRAPH; THE
    10         MUNICIPAL CORPORATION SHALL HOLD AT LEAST ONE PUBLIC
    11         HEARING TO DETERMINE THAT THE CHANGES ARE IN THE PUBLIC
    12         INTEREST AS THEY RELATE TO AFFECTED PROPERTY OWNERS
    13         WITHIN THE CNID.
    14         (3)  THE MUNICIPALITY SHALL PROVIDE PUBLIC NOTICE OF A
    15     HEARING FOR ANY AMENDMENTS BY PUBLICATION OF A NOTICE IN AT
    16     LEAST ONE NEWSPAPER HAVING A GENERAL CIRCULATION WITHIN THE
    17     MUNICIPALITY. THE NOTICE SHALL SET FORTH THE DATE, TIME AND
    18     LOCATION OF SUCH HEARING AND THE AMENDMENTS TO BE CONSIDERED.
    19     THIS NOTICE SHALL BE PUBLISHED ONCE AT LEAST TEN DAYS PRIOR
    20     TO THE DATE OF THE HEARING.
    21         (4)  THE GOVERNING BODY OF THE MUNICIPALITY MAY, WITHIN
    22     30 DAYS FOLLOWING THE PUBLIC HEARING AND AT ITS SOLE
    23     DISCRETION, APPROVE OR DISAPPROVE ANY AMENDMENTS TO THE PLAN.
    24     IF APPROVED, THE AMENDMENTS SHALL BE EFFECTIVE UPON THE DATE
    25     OF SUCH APPROVAL.
    26         (5)  PRIOR TO THE ADOPTION OF AN AMENDMENT TO THE CNID
    27     BOUNDARIES WHICH INCREASES THE SIZE OF THE CNID, AN OWNER OF
    28     PROPERTY TO BE ADDED TO THE CNID SHALL BE NOTIFIED OF THE
    29     DATE, TIME AND LOCATION OF THE PUBLIC HEARING ON THE PROPOSED
    30     AMENDMENT TO THE FINAL PLAN AND PROVIDED ALL INFORMATION
    20070H1620B4001                 - 43 -     

     1     REQUIRED UNDER SUBSECTION (C).
     2  SECTION 506.  CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT
     3                 MANAGEMENT ASSOCIATION.
     4     (A)  ASSOCIATION DESIGNATED.--WHEN A MUNICIPALITY ESTABLISHES
     5  A CNID UNDER THIS CHAPTER, A CASINO NEIGHBORHOOD IMPROVEMENT
     6  DISTRICT MANAGEMENT ASSOCIATION SHALL BE DESIGNATED BY THE
     7  MUNICIPAL CORPORATION OF THE MUNICIPALITY IN WHICH THE CNID IS
     8  TO BE LOCATED TO ADMINISTER PROGRAMS, IMPROVEMENTS AND SERVICES
     9  WITHIN THE CNID.
    10     (B)  ADMINISTRATION.--CNIDS ESTABLISHED IN ACCORDANCE WITH
    11  THIS CHAPTER SHALL BE ADMINISTERED BY A CNIDMA WHICH SHALL BE
    12  ONE OF THE FOLLOWING:
    13         (1)  AN AUTHORITY CREATED PURSUANT TO THE MUNICIPALITY
    14     AUTHORITIES ACT.
    15         (2)  A NONPROFIT CORPORATION ESTABLISHED BY THE MUNICIPAL
    16     CORPORATION OR AUTHORIZED TO BE ESTABLISHED BY THE MUNICIPAL
    17     CORPORATION OF THE MUNICIPALITY IN WHICH THE CNID IS TO BE
    18     LOCATED, TO ADMINISTER THE CNIDP.
    19     (C)  POWERS.--A CNIDMA CREATED UNDER THIS CHAPTER SHALL
    20  ASSUME ALL POWERS PROVIDED FOR UNDER SECTION 507 IMMEDIATELY
    21  UPON THE EFFECTIVE DATE OF THE MUNICIPAL ORDINANCE ENACTED UNDER
    22  SECTION 504 CREATING A CNID.
    23     (D)  BOARD.--EVERY CNIDMA SHALL HAVE AN ADMINISTRATIVE BOARD.
    24         (1)  WHERE AN AUTHORITY IS ESTABLISHED IN ACCORDANCE WITH
    25     THE MUNICIPALITY AUTHORITIES ACT AND SERVES AS THE CNIDMA,
    26     THE BOARD SHALL BE APPOINTED UNDER THE MUNICIPALITY
    27     AUTHORITIES ACT.
    28         (2)  WHERE A NONPROFIT DEVELOPMENT CORPORATION OR OTHER
    29     NONPROFIT CORPORATION IS ESTABLISHED TO SERVE AS THE CNIDMA,
    30     THE BOARD SHALL BE COMPRISED OF AN ODD NUMBER OF MEMBERS,
    20070H1620B4001                 - 44 -     

     1     BETWEEN NINE AND 13, WITH AT LEAST ONE MEMBER REPRESENTING
     2     THE MUNICIPAL CORPORATION IN WHICH THE CNID IS LOCATED.
     3         (3)  IN ALL CASES, CNIDMA BOARDS SHALL INCLUDE A
     4     REPRESENTATIVE OF PROPERTY OWNERS, BUSINESS OWNERS, LOCALLY
     5     RECOGNIZED CIVIC ASSOCIATIONS AND ANY INSTITUTIONS LOCATED IN
     6     THE CNID. THERE SHALL ALSO BE FOUR NONVOTING MEMBERS,
     7     INCLUDING A REPRESENTATIVE OF THE MUNICIPALITY, A MEMBER OF
     8     THE MUNICIPAL CORPORATION AND THE STATE SENATOR AND STATE
     9     REPRESENTATIVE REPRESENTING THE DISTRICT. INSTITUTIONAL
    10     MEMBERS, MUNICIPAL CORPORATION MEMBERS AND STATE SENATORS AND
    11     STATE REPRESENTATIVES MAY APPOINT DESIGNEES. A BOARD MEMBER
    12     NEED NOT BE A RESIDENT OF THE CNID.
    13  SECTION 507.  POWERS OF CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT
    14                 MANAGEMENT ASSOCIATION.
    15     (A)  GENERAL POWERS.--A CNIDMA SHALL HAVE, IN ADDITION TO ANY
    16  OTHER POWERS PROVIDED UNDER THE MUNICIPALITY AUTHORITIES ACT IF
    17  THE CNIDMA IS AN AUTHORITY, OR IN ADDITION TO ANY OTHER POWERS
    18  PROVIDED PURSUANT TO THE CHARTER ESTABLISHING A NONPROFIT
    19  CORPORATION WHERE THE CNIDMA IS A NONPROFIT CORPORATION, THE
    20  POWER TO:
    21         (1)  PREPARE PLANNING OR FEASIBILITY STUDIES OR CONTRACT
    22     FOR THE PREPARATION OF THE SAME TO DETERMINE NEEDED CAPITAL
    23     IMPROVEMENTS OR ADMINISTRATIVE PROGRAMS AND SERVICES WITHIN
    24     THE CNID.
    25         (2)  MAKE CAPITAL IMPROVEMENTS OR PROVIDE ADMINISTRATIVE
    26     PROGRAMS AND SERVICES WITHIN A CNID.
    27         (3)  CONTRACT WITH EXISTING BUSINESSES WITHIN THE CNID.
    28         (4)  CONTRACT FOR THE PROVISION OF PRODUCTS OR SERVICES
    29     BY THE CNIDMA TO CLIENTS LOCATED INSIDE AND OUTSIDE THE CNID,
    30     INCLUDING BILLING AND COLLECTION OF ASSESSMENT FEES BY
    20070H1620B4001                 - 45 -     

     1     ANOTHER CNIDMA.
     2         (5)  APPROPRIATE AND EXPEND CNID FUNDS WHICH WOULD
     3     INCLUDE ANY FEDERAL, STATE OR MUNICIPAL FUNDS RECEIVED BY THE
     4     CNIDMA. THE FUNDS SHALL BE EXPENDED IN ACCORDANCE WITH ANY
     5     SPECIFIC PROVISIONS CONTAINED IN THE MUNICIPAL ENABLING
     6     ORDINANCE ESTABLISHING THE CNID AND MAY BE USED:
     7             (I)  TO ACQUIRE BY PURCHASE OR LEASE REAL OR PERSONAL
     8         PROPERTY TO EFFECTUATE THE PURPOSES OF THIS CHAPTER,
     9         INCLUDING MAKING COMMON IMPROVEMENTS WITHIN THE CNID,
    10         INCLUDING, BUT NOT LIMITED TO, SIDEWALKS, RETAINING
    11         WALLS, STREET PAVING, PARKS, RECREATIONAL EQUIPMENT AND
    12         FACILITIES, OPEN SPACE, STREET LIGHTING, PARKING LOTS,
    13         PARKING GARAGES, TREES AND SHRUBBERY, PEDESTRIAN WALKS,
    14         SEWERS, WATER LINES, REST AREAS AND THE ACQUISITION,
    15         REHABILITATION OR DEMOLITION OF BLIGHTED BUILDINGS OR
    16         COMPARABLE STRUCTURES.
    17             (II)  TO PROVIDE FREE OR REDUCED-FEE PARKING FOR
    18         CUSTOMERS OF BUSINESSES WITHIN THE CNID, TRANSPORTATION-
    19         RELATED EXPENDITURES, PUBLIC RELATIONS PROGRAMS, GROUP
    20         ADVERTISING AND CNID MAINTENANCE AND SECURITY SERVICES.
    21             (III)  TO IMPOSE SPECIAL ASSESSMENT FEES.
    22         (6)  SOLICIT IN-KIND SERVICES OR FINANCIAL CONTRIBUTIONS
    23     FROM TAX-EXEMPT PROPERTY OWNERS WITHIN THE CNID IN LIEU OF
    24     PROPERTY ASSESSMENT FEES.
    25         (7)  IMPOSE LIENS ON PROPERTY FOR THE NONPAYMENT OF
    26     PROPERTY ASSESSMENTS. IF THE CNID IS ADMINISTERED BY A
    27     NONPROFIT CORPORATION, THE MUNICIPAL CORPORATION SHALL FILE
    28     THE LIENS.
    29         (8)  HIRE ADDITIONAL OFF-DUTY POLICE OFFICERS OR PRIVATE
    30     SECURITY OFFICERS WHOSE PATROL AREA RESPONSIBILITIES SHALL BE
    20070H1620B4001                 - 46 -     

     1     LIMITED TO THE GEOGRAPHIC AREA INCORPORATED WITHIN THE
     2     DESIGNATED CNID SERVICE AREA AND WHOSE RESPONSIBILITY SHALL
     3     BE TO SUPPORT EXISTING MUNICIPAL AND VOLUNTEER EFFORTS AIMED
     4     AT REDUCING CRIME AND IMPROVING SECURITY IN THE CNID.
     5         (9)  DESIGNATE A DISTRICT ADVISORY COUNCIL FOR EACH CNID
     6     ESTABLISHED WITHIN THE MUNICIPALITY. EACH DAC SHALL CONSIST
     7     OF AN ODD NUMBER OF MEMBERS, BETWEEN FIVE AND NINE, WHO SHALL
     8     BE REPRESENTATIVE OF THE NEIGHBORHOOD'S CHARACTER, INCLUDING,
     9     BUT NOT LIMITED TO, AGE, GENDER AND CULTURAL DIVERSITY.
    10     (B)  SPECIAL ASSESSMENT ON CASINOS.--THE CNIDMA MAY, UPON
    11  APPROVAL OF THE MUNICIPAL CORPORATION OF A MUNICIPALITY, ASSESS
    12  THE OWNERS OF A CASINO SITUATED WITHIN THE CNID A FEE NOT TO
    13  EXCEED 3.25% OF GROSS TERMINAL RECEIPTS TO BE ACCOUNTED FOR AND
    14  USED BY THE CNIDMA TO MITIGATE IMPACTS ON THE CITIZENS AND
    15  NEIGHBORHOODS OF THE CNID HOSTING A CASINO AS WELL AS TO MAKE
    16  IMPROVEMENTS AND PROVIDE PROGRAMS AND SERVICES WITHIN THE CNID
    17  AS AUTHORIZED BY THIS CHAPTER.
    18     (C)  SPECIAL PROPERTY ASSESSMENT FEES.--
    19         (1)  THE CNIDMA MAY, UPON APPROVAL BY THE MUNICIPAL
    20     CORPORATION OF THE MUNICIPALITY, ASSESS PROPERTY OWNERS
    21     WITHIN THE CNID A SPECIAL PROPERTY ASSESSMENT FEE. THE FEE
    22     SHALL NOT BE APPLICABLE TO OR ASSESSABLE UPON THE OWNERS OF A
    23     CASINO THAT IS SITUATED WITHIN THE DISTRICT. REVENUES FROM
    24     THE FEE SHALL BE ACCOUNTED FOR AND USED BY THE CNIDMA TO MAKE
    25     IMPROVEMENTS AND PROVIDE PROGRAMS AND SERVICES WITHIN THE
    26     CNID AS AUTHORIZED UNDER THIS CHAPTER. THE CNIDMA SHALL
    27     EXEMPT ALL RESIDENTIAL PROPERTY OWNERS WITHIN THE DISTRICT
    28     FROM ANY SPECIAL PROPERTY ASSESSMENT FEES.
    29         (2)  ALL ASSESSMENTS AUTHORIZED UNDER THIS SECTION SHALL
    30     BE CALCULATED USING JANUARY 1 AS THE FIRST DAY OF THE FISCAL
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     1     YEAR.
     2         (3)  ALL SPECIAL PROPERTY ASSESSMENT FEES SHALL BE BASED
     3     UPON THE ESTIMATED COST OF THE PROGRAMS, IMPROVEMENTS OR
     4     SERVICES TO BE PROVIDED IN THE CNID AS STATED IN THE FINAL
     5     PLAN UNDER SECTION 505(E). IN NO CASE SHALL THE AGGREGATE
     6     AMOUNT OF ALL FEES LEVIED BY THE CNIDMA DURING THE YEAR
     7     EXCEED THE ESTIMATED COST OF PROPOSED PROGRAMS, IMPROVEMENTS
     8     AND SERVICES FOR THE YEAR.
     9         (4)  THE TOTAL COSTS OF IMPROVEMENTS, PROGRAMS AND
    10     ADMINISTRATIVE SERVICES PROVIDED BY A CNIDMA SHALL BE
    11     ASSESSED TO ALL DESIGNATED PROPERTIES, EXCLUDING CASINOS AND
    12     RESIDENTIAL PROPERTIES, WITHIN THE CNID BY ONE OF THE
    13     FOLLOWING METHODS:
    14             (I)  AN ASSESSMENT DETERMINED BY MULTIPLYING THE
    15         TOTAL SERVICE AND IMPROVEMENT COSTS BY THE RATIO OF THE
    16         ASSESSED VALUE OF THE BENEFITED PROPERTY TO THE TOTAL
    17         ASSESSED VALUATION OF ALL DESIGNATED BENEFITED PROPERTIES
    18         IN THE CNID.
    19             (II)  AN ASSESSMENT UPON THE SEVERAL PROPERTIES IN
    20         THE CNID IN PROPORTION TO BENEFITS AS ASCERTAINED BY
    21         VIEWERS APPOINTED IN ACCORDANCE WITH LAW.
    22             (III)  ANY METHOD THAT EQUITABLY APPORTIONS COSTS
    23         AMONG BENEFITING PROPERTIES.
    24             (IV)  IN THE CASE OF IMPROVEMENTS BENEFITING
    25         PROPERTIES ABUTTING THE CNID BY THE FRONT-FOOT METHOD,
    26         WITH EQUITABLE ADJUSTMENTS FOR CORNER PROPERTIES AND
    27         OTHER CASES PROVIDED FOR IN THE MUNICIPAL ORDINANCE. ANY
    28         PROPERTY WHICH CANNOT BE EQUITABLY ASSESSED BY THE FRONT-
    29         FOOT METHOD MAY BE ASSESSED BY ANY OF THE ABOVE METHODS.
    30         (5)  THE GOVERNING BODY MAY BY ORDINANCE AUTHORIZE THE
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     1     PAYMENT OF THE ASSESSMENT IN EQUAL ANNUAL OR MORE FREQUENT
     2     INSTALLMENTS OVER SUCH TIME AND BEARING INTEREST AT THE RATE
     3     SPECIFIED IN THE MUNICIPAL ORDINANCE. IF BONDS HAVE BEEN
     4     ISSUED AND SOLD OR NOTES OR GUARANTEES HAVE BEEN GIVEN OR
     5     ISSUED TO PROVIDE FOR THE COSTS OF THE SERVICES AND
     6     IMPROVEMENTS, THE ASSESSMENT IN EQUAL INSTALLMENTS SHALL NOT
     7     BE PAYABLE BEYOND THE TERM FOR WHICH THE BONDS, NOTES OR
     8     GUARANTEES ARE PAYABLE.
     9     (D)  LIENS.--
    10         (1)  NOTWITHSTANDING THE FILING OF THE CLAIMS, ALL
    11     ASSESSMENTS UNDER SUBSECTIONS (B) AND (C) WHICH ARE MADE
    12     PAYABLE IN INSTALLMENTS SHALL CONSTITUTE LIENS AND
    13     ENCUMBRANCES UPON THE RESPECTIVE PROPERTIES AT THE BEGINNING
    14     OF EACH CALENDAR YEAR, EXCEPT AS PROVIDED UNDER SUBSECTION
    15     (C)(5), AND ONLY IN AN AMOUNT EQUAL TO THE SUM OF:
    16             (I)  THE ANNUAL OR OTHER INSTALLMENTS BECOMING
    17         PAYABLE IN SUCH YEAR, WITH INTEREST AND PENALTIES, IF
    18         ANY, THEREON; AND
    19             (II)  THE TOTAL OF ALL INSTALLMENTS, WITH INTEREST
    20         AND PENALTIES THEREON, WHICH BECAME DUE DURING PRIOR
    21         YEARS AND WHICH REMAIN DUE AND UNPAID AT THE BEGINNING OF
    22         THE CURRENT YEAR.
    23         (2)  IN THE CASE OF DEFAULT IN THE PAYMENT OF ANY
    24     INSTALLMENT AND INTEREST FOR A PERIOD OF 90 DAYS AFTER THE
    25     PAYMENT BECOMES DUE, THE ASSESSMENT ORDINANCE MAY PROVIDE
    26     EITHER FOR THE ENTIRE ASSESSMENT, WITH ACCRUED INTEREST AND
    27     PENALTIES, TO BECOME DUE AND BECOME A LIEN FROM THE DUE DATE
    28     OF THE INSTALLMENT OR MAY PROVIDE SOLELY FOR THE ENFORCEMENT
    29     OF THE CLAIM AS TO THE OVERDUE INSTALLMENT, WITH INTEREST AND
    30     PENALTIES, IN WHICH CASE THE ORDINANCE SHALL FURTHER PROVIDE
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     1     THAT, IF ANY INSTALLMENT OR PORTION THEREOF REMAINS DUE AND
     2     UNPAID FOR ONE YEAR AFTER IT HAS BECOME DUE AND PAYABLE, THEN
     3     THE ENTIRE ASSESSMENT WITH ACCRUED INTEREST AND PENALTIES
     4     SHALL BECOME DUE AND BECOME A LIEN FROM THE DUE DATE OF THE
     5     INSTALLMENT.
     6         (3)  NO ACTION TAKEN TO ENFORCE A CLAIM FOR ANY
     7     INSTALLMENT OR INSTALLMENTS SHALL AFFECT THE STATUS OF ANY
     8     SUBSEQUENT INSTALLMENT OF THE SAME ASSESSMENT, EACH OF WHICH
     9     SHALL CONTINUE TO BECOME A LIEN UPON THE PROPERTY ANNUALLY
    10     PURSUANT TO PARAGRAPH (1).
    11         (4)  THE ORDINANCE MAY CONTAIN ANY OTHER PROVISION
    12     RELATING TO INSTALLMENT ASSESSMENTS WHICH IS NOT INCONSISTENT
    13     WITH APPLICABLE LAW.
    14         (5)  ANY OWNER OF PROPERTY AGAINST WHOM AN ASSESSMENT HAS
    15     BEEN MADE MAY PAY THE ASSESSMENT IN FULL AT ANY TIME, WITH
    16     ACCRUED INTEREST AND COSTS THEREON, AND SUCH A PAYMENT SHALL
    17     DISCHARGE THE LIEN OF THE ASSESSMENT OR INSTALLMENTS THEN
    18     CONSTITUTING A LIEN AND SHALL ALSO RELEASE THE CLAIM TO ANY
    19     LATER INSTALLMENTS.
    20         (6)  CLAIMS TO SECURE THE ASSESSMENTS SHALL BE ENTERED IN
    21     THE OFFICE OF THE PROTHONOTARY AT THE SAME TIME AND IN THE
    22     SAME FORM AND COLLECTED IN THE SAME MANNER AS MUNICIPAL TAX
    23     CLAIMS ARE FILED AND COLLECTED, NOTWITHSTANDING THE
    24     PROVISIONS OF THIS SECTION AS TO INSTALLMENT PAYMENTS.
    25  SECTION 508.  DISSOLUTION OF CASINO NEIGHBORHOOD IMPROVEMENT
    26                 DISTRICT MANAGEMENT ASSOCIATION AND CASINO
    27                 NEIGHBORHOOD IMPROVEMENT DISTRICT.
    28     (A)  CONVEYING PROJECTS.--WHEN ANY CNIDMA SHALL HAVE FINALLY
    29  PAID AND DISCHARGED ALL BONDS WHICH TOGETHER WITH THE INTEREST
    30  DUE THEREON SHALL HAVE BEEN SECURED BY A PLEDGE OF ANY OF THE
    20070H1620B4001                 - 50 -     

     1  REVENUES OR RECEIPTS OF A PROJECT, IT MAY, SUBJECT TO ANY
     2  AGREEMENTS CONCERNING THE OPERATION OR DISPOSITION OF SUCH
     3  PROJECT AND THE CNIDMA BYLAWS, CONVEY SUCH PROJECT OR PROJECTS
     4  TO THE MUNICIPAL CORPORATION WHICH ESTABLISHED OR HAD
     5  ESTABLISHED THE CNIDMA.
     6     (B)  REQUEST FOR TERMINATION.--ANY REQUEST FOR THE
     7  TERMINATION OF THE CNID AND CNIDMA APPROVED BY 51% OF THE
     8  ASSESSED PROPERTY OWNERS, EXCLUDING THE OWNERS OF THE CASINO
     9  SITUATED WITHIN THE CNID, IN NUMBERS, LOCATED IN THE CNID SHALL
    10  BE SUBMITTED TO THE MUNICIPAL CORPORATION IN WRITING. THE
    11  MUNICIPAL CORPORATION SHALL HOLD A HEARING ON THE MERITS OF THE
    12  REQUEST IN ACCORDANCE WITH SECTION 505(B)(2) AS IT RELATES TO
    13  THE REQUIRED PROCEDURE OF HOLDING A HEARING. SUCH WRITTEN
    14  REQUEST SHALL BE CONSIDERED BY THE MUNICIPAL CORPORATION. IF THE
    15  REQUEST IS APPROVED BY THE MUNICIPAL CORPORATION, THEN A
    16  RESOLUTION TO THAT EFFECT SHALL BE FILED WITH THE SECRETARY OF
    17  THE COMMONWEALTH, AND THE SECRETARY SHALL NOTE THE TERMINATION
    18  OF THE EXISTENCE ON THE RECORD OF INCORPORATION AND RETURN THE
    19  RESOLUTION WITH HIS OR HER APPROVAL SHOWN ON THE RESOLUTION TO
    20  THE MUNICIPAL CORPORATION. THE PROPERTY OF THE CNIDMA SHALL THEN
    21  PASS TO THE MUNICIPAL CORPORATION, AS THE CASE MAY BE, AND THE
    22  CNIDMA AND CNID SHALL CEASE TO EXIST. ANY REQUEST FOR THE
    23  TERMINATION OF THE CNID AND CNIDMA BY THE MUNICIPAL CORPORATION
    24  IN WHICH THE CNID IS LOCATED SHALL RESULT IN A HEARING ON THE
    25  MERITS OF THE SAME PURSUANT TO SECTION 505(B)(2) AS IT RELATES
    26  TO THE REQUIRED PROCEDURE FOR HOLDING A HEARING. BEFORE THE
    27  DECISION TO TERMINATE A CNID AND CNIDMA IS MADE, TERMINATION
    28  MUST BE APPROVED BY 51% OF THE ASSESSED PROPERTY OWNERS, IN
    29  NUMBERS, EXCLUDING THE OWNERS OF A CASINO SITUATED WITHIN THE
    30  DISTRICT LOCATED IN THE CNID AND SHALL BE SUBMITTED TO THE
    20070H1620B4001                 - 51 -     

     1  MUNICIPAL CORPORATION IN WRITING. IF THE MUNICIPAL CORPORATION
     2  APPROVES THE REQUEST, THEN A RESOLUTION TO THAT EFFECT SHALL BE
     3  FILED WITH THE SECRETARY OF THE COMMONWEALTH, AND THE SECRETARY
     4  SHALL NOTE THE TERMINATION ON THE RECORD OF INCORPORATION AND
     5  RETURN THE RESOLUTION, WITH HIS APPROVAL SHOWN, TO THE MUNICIPAL
     6  CORPORATION. THE CNIDMA AND CNID SHALL CEASE TO EXIST AND THE
     7  PROPERTY OF THE CNIDMA SHALL PASS TO THE MUNICIPAL CORPORATION.
     8  SECTION 509.  ANNUAL AUDIT AND REPORT.
     9     THE CNIDMA SHALL ANNUALLY:
    10         (1)  SUBMIT AN AUDIT OF ALL INCOME AND EXPENDITURES TO
    11     THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT AND THE
    12     MUNICIPAL CORPORATION IN WHICH THE CNID IS LOCATED WITHIN 120
    13     DAYS AFTER THE END OF EACH FISCAL YEAR; AND
    14         (2)  SUBMIT A REPORT, INCLUDING FINANCIAL AND
    15     PROGRAMMATIC INFORMATION, INCLUDING A SUMMARY OF AUDIT
    16     FINDINGS, TO THE MUNICIPAL CORPORATION IN WHICH THE CNID IS
    17     LOCATED AND TO ALL ASSESSED PROPERTY OWNERS LOCATED IN THE
    18     CNID.
    19     SECTION 8.  THE ACT IS AMENDED BY ADDING A CHAPTER HEADING TO
    20  READ:
    21                             CHAPTER 7
    22                      MISCELLANEOUS PROVISIONS
    23     SECTION 9.  SECTION 11 OF THE ACT IS AMENDED TO READ:
    24  SECTION [11] 701.  EFFECTIVE DATE.
    25     THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
    26     Section 2 10.  This act shall take effect in 60 days.          <--



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